Can an influencer be sued for promoting a harmful product?

The concept of the social media influencer emerged in the early 2000s, alongside the rise of social media platforms like Facebook, Instagram, YouTube, and Twitter. Initially, social media was a place for individuals to connect with friends and share personal updates, but over time, it evolved into a space for individuals to build large audiences around specific interests, lifestyles, or expertise. The first wave of influencers often included celebrities or well-known figures who used platforms like Twitter and Instagram to communicate directly with their followers, creating a sense of personal connection.

As social media grew, a new type of influencer emerged—one that was not necessarily a celebrity but had built a substantial following through consistent content creation. YouTube was a key platform in this shift, with creators like Zoella, PewDiePie, and Michelle Phan gaining millions of followers by producing content related to beauty, gaming, and lifestyle. These influencers were seen as more relatable and authentic compared to traditional celebrities, leading to a shift in how brands viewed advertising and marketing.

The influencer industry really took off in the mid-2010s when brands began recognizing the potential of these content creators to shape consumer opinions and behavior. With the ability to engage directly with niche audiences, influencers became key marketing tools, promoting products and services in a way that felt more organic and less intrusive than traditional advertising. Instagram’s visual format, for instance, made it particularly ideal for influencers to promote fashion, beauty, and travel brands.

By the late 2010s, the rise of micro-influencers—individuals with smaller, more specialized followings—showcased the power of more targeted and authentic engagement. Influencers were no longer just limited to YouTube or Instagram but were also prominent on TikTok, Twitch, and other emerging platforms, each shaping their own distinct communities.

Today, social media influencers play a significant role in digital marketing, with influencers at all levels—mega, macro, and micro—partnering with brands to promote products, raise awareness, and shape public perception. Their impact on marketing, politics, and culture is now undeniable, and the influencer economy continues to grow as platforms and technologies evolve.

An influencer can be sued for promoting a harmful product, especially if it can be shown that they made false or misleading claims about the product’s safety or benefits. As influencers have become a key part of advertising and marketing, they are increasingly held accountable for the products and services they promote. When influencers endorse a product, they are generally responsible for ensuring that their statements are truthful and comply with advertising laws and regulations, particularly if they are paid or receive some benefit for the promotion.

For example, in cases where an influencer promotes a product that causes harm to consumers—such as a beauty or wellness product with undisclosed side effects—affected consumers may file a lawsuit against both the influencer and the brand.

Regulatory bodies, such as the Federal Trade Commission (FTC) in the United States, require influencers to disclose their relationships with brands and avoid making unsubstantiated claims. If influencers fail to follow these guidelines or mislead their audience by exaggerating the benefits or safety of a product, they could face legal consequences.

Lawsuits might claim negligence, false advertising, or misrepresentation, depending on the situation. In such cases, the influencer’s degree of knowledge about the product’s risks or misleading nature can affect the legal outcome. However, even without explicit knowledge of a product’s risks, influencers are increasingly expected to conduct due diligence before endorsing a product, as their platforms carry a level of influence that affects consumer decisions.

In short, influencers can face legal liability if they promote products that cause harm or are misrepresented, and they are held to legal standards similar to traditional advertisers and endorsers. As a result, they are advised to carefully review products, disclose sponsorships, and comply with relevant advertising regulations to minimize legal risks.

One notable example of influencers being held accountable for promoting harmful or misleading products is the case of the *Fyre Festival* in 2017, which became infamous for its catastrophic failure and the subsequent legal ramifications for those involved.

Promoted as an exclusive, luxurious music festival on a private island in the Bahamas, Fyre Festival was advertised as a once-in-a-lifetime experience featuring top-tier musical performances, luxury accommodations, and high-end catering.

To build hype, organizers enlisted high-profile influencers like Kendall Jenner, Bella Hadid, Emily Ratajkowski, and others to promote the event on social media, posting glamorous images of themselves on yachts and beaches. This influencer-driven marketing campaign generated massive attention, with social media audiences flocking to purchase expensive tickets based on the promise of a celebrity-filled, luxury experience.

However, when attendees arrived, they were met with a chaotic and dangerous situation. The promised luxurious accommodations turned out to be unprepared disaster relief tents, meals consisted of basic sandwiches instead of gourmet catering, and the event itself had no musical acts, as many artists had pulled out due to lack of payment and logistical failures. Attendees were left stranded on the island with no clear plans for transport, facing unsafe and unsanitary conditions, leading to significant public outrage and lawsuits. The fallout from the failed event exposed the influencers who had promoted Fyre Festival without adequate disclosure, leaving their audiences feeling misled and betrayed.

Kendall Jenner, one of the most prominent influencers involved, faced particularly severe criticism because of her high-profile endorsement and her failure to disclose that she was paid $250,000 for a single promotional Instagram post. As a result, Jenner settled a lawsuit for $90,000, acknowledging her role in the deceptive marketing campaign. This settlement underscored the increasing legal and ethical expectations for influencers to disclose their paid partnerships, especially when promoting products or events that could impact consumers’ health, safety, or financial well-being.

The Fyre Festival scandal served as a turning point, signaling to influencers, brands, and audiences that the age of unregulated social media promotion was over. It highlighted the growing legal responsibility influencers have in clearly disclosing paid endorsements, as well as the potential consequences of promoting events or products without due diligence. The incident drew attention from regulatory bodies like the Federal Trade Commission (FTC), which has since tightened regulations requiring influencers to disclose their sponsorships transparently.

Another example is the *Teami* tea scandal, where the Federal Trade Commission (FTC) stepped in to address misleading health claims made by influencers. Teami, a detox tea brand, claimed that its products could help with weight loss and improve immune function, though there was no scientific evidence to support these claims. Influencers like Cardi B, Jordin Sparks, and Adrienne Bailon promoted Teami on social media without appropriate disclaimers or evidence for the product’s effects. The FTC fined Teami $1 million and issued warning letters to the influencers, reinforcing the importance of responsible promotion and disclosure.

In a more recent case, YouTuber *James Charles* faced backlash and accountability issues after promoting Sugar Bear Hair vitamins, a supplement brand that claimed to improve hair and skin health. His endorsement led to criticism from fans and other influencers who pointed out that he seemed to switch brands frequently and lacked transparency in his motivations. Though not legally sued, James faced reputational damage and backlash that impacted his credibility with his audience, demonstrating that influencers can face public accountability even without legal action.