False influencing

This article advocates for private companies to sue under section 43(a)(1)(B) of the 'Lanham Act' when competitors engage in "false influencing" - by disseminating deceptive claims via influencers. Section I explains why influencer marketing works and whom false influencing harms. Section II provides an overview of federal false advertising law under the 'Lanham Act' and applies it to several types of misleading representations influencers might make, including false verbal and visual statements about products, false testimonials, and nondisclosure of material benefit. Section III argues that brands bear responsibility for the claims influencers make at their direction and the harm those claims inflict. It also explores some possible reasons why private companies rarely seek to curb competitors' misleading influencer practices using section 43(a)(1)(B).