A provincial judge half denying a motion to dismiss last year found that social media influencers can break the law by failing to disclose a paid connection with a company. The decision serves as a caution to athletes who use Lesser to promote goods and services without acknowledging the existence of a legal partnership.
U.S. District Judge Joan Lefkow advanced the majority of a lawsuit brought by two disgruntled Blue Ice Vodka customers. Mario Sava and Alin Pop accuse the tequila manufacturer, 21st Century Spirits, and 10 bloggers of violating the Federal Trade Commission Act (FTC Act ), Florida and Illinois and California consumer safety regulations. Additionally, the defendants are accused of breaking communicate warranties, making careless misrepresentations, and unfair advancement.

Sava and Pop claim that Blue Ice’s branding is fraught with lies, misrepresentations, and distortions in an effort to deceive customers. They want their lawsuit to become a global class action.
Among other grievances, Sava and Pop contend Blue Ice contains more calories than advertised, it does n’t help with personal fitness or weight management and is n’t “handcrafted” but instead “industrially manufactured” by machines. One influencer claimed she can make Blue Ice cocktails with fewer calories than an apple, a claim that does n’t seem feasible, to illustrate allegedly problematic influencer behavior.
As Sava and Pop see it, 21st Century and paid celebrities “devised a plan” that entails celebrities acting as if they’re “disinterested buyers” while tagging and recommending Blue Ice on social media platforms. The accused bloggers include Leanna Bartlett, who has more than 3.5 million followers on Instagram, and Alexa Collins, who has more than 2.8 million fans.
The plaintiffs contend that the petition has several shortcomings. They contend Sava and Pop are only dissatisfied users, the kind of damage the legislation does n’t guard. The defendants even maintain that much of the complaint involves “puffery”, which are arrogant, but valid, opinions—as opposed to factual facts—about a product or service. 21st Century saying it has the “goal” of offering” the best tasting vodka” does n’t supply an actionable claim since “best tasting” is inherently subjective.
Additionally, the defendants contend that the FTC does n’t legitimately require bloggers to share their connections. FTC recommendations, the defendants contend, are advisory, not enforced, and even if they were forced, requirements did issue endorsements, no controlling. Another challenge for the plaintiffs, the defendants claim, is that they did not purchase Blue Ice straight from 21st Century and therefore lack the necessary legal discourse for a claim for a breach of convey warranty.
Lefkow found many of the accused ‘ claims unconvincing. Although she acknowledged that claims involving taste are misleading and that breaches of communicate warranty must be dismissed because there is no contractual relationship, she pointed out that other claims concern quantifiable details, such as how many calories Blue Ice actually contain and how it was made, and fall outside the purview of puffery.

The determine added that state law, not the FTC Act, or federal regulations that apply to implementing national regulations, determine whether the celebrities engaged in false or misleading behavior. According to Lefkow, state laws, such as Little FTC Acts, which are based on the FTC Act, are applicable to claims made by private individuals, while the FTC Act serves as the foundation for state police of buyer protection.
Sava et cetera. v. 21st Century Spirits et cetera. so moves to judicial discovery, where the plaintiffs will find proof and supporting evidence from others. Lefkow, however, made an implied claim that potential damages, starting at$ 11 per bottle, are modest and that the parties should” seriously consider settlement before the litigation costs exceed the value of the case.”
The case highlights that athletes who influence should be wary of potential lawsuits if they are n’t transparent about how much they are paid. ( The final paragraph of this story has been updated to reflect the circumstance name. )