Emory Corporate Governance and Accountability Review


Jacob Hughey


Social media websites such as Twitter and Facebook have transformed the way businesses and individuals market their products and services. These websites have given advertisers and promoters the ability to advertise directly to consumers who would most likely be interested in their product or service. However, advertising on social media can also bring an increased risk of consumer deception. As a result, several federal agencies have published guidance on how companies should proceed with advertising on social media sites and have been monitoring how companies advertise on character-limited platforms. For example, the FDA recently issued a warning to the makers of Diclegis, after Kim Kardashian posted a misleading Instagram advertisement for the morning sickness medication. This article highlights the major issues that arise for advertisers, consumers and promoters that are using social media sites and makes an effort to interpret a very unclear area of law.