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Tapping Influence

Today’s connected consumers are changing the marketing game.
As new generations gravitate toward more organic content and new media platforms, digital strategies such as influencer marketing and native advertising give brands unique access to their target markets.

These tools of engagement sit somewhere between traditional advertising and the fully expressive content of editorial articles, independent reviews and social media musings. It’s a difficult-to-define sweet spot and a rapidly evolving space where innovative technology and the platforms it powers develop far more quickly than the rules for navigating them. 

The risks — like the rewards — are high. 

Regulators are keeping a close watch. And so is Loeb & Loeb. 

We know the space because we work with everyone in it — from major consumer and retail brands, agencies, and content providers, to influencers and talent of all types, including celebrities and social media personalities. 
When one of the country’s oldest and best-known retailers was faced with a Federal Trade Commission inquiry about a highly successful native advertising and influencer marketing campaign involving dozens of fashion bloggers and Instagrammers, it turned to Loeb. We worked with the FTC to reach a result that avoided penalties against our client and generated much-needed guidance on the rules for disclosures on social media and in native advertising for both brands and influencers. 

In another matter, we helped a major digital content publisher prevail in a proceeding before the National Advertising Division of the Better Business Bureau, the advertising industry’s self-regulatory body. The case helped define the line between editorial and advertising content. And the NAD’s decision provided critical guidance for content providers on how to avoid an advertiser’s burden for claim substantiation when digital content is monetized through affiliate links. 

At Loeb, we know it’s easier to tell our clients what they can’t do and how to play it safe in this ever-expanding market. 

But we’re not naysayers, finger-waggers or play-it-safers. We’re creative problem-solvers who help clients leverage the power of the digital space to the fullest and navigate the shifting enforcement picture without stifling their messaging or sacrificing the integrity of their brands. 

And when the work we do — with our clients, government agencies and industry self-regulatory organizations — helps set the standards and shape the digital marketing landscape? Even better.