The number of marketers turning to social media influencers to help share their message continues to rise — but brands need to be concerned about whether those trendsetters are thoroughly vetted.
With nearly 83% of U.S. marketers leveraging influencer partnerships last year, the BBB National Programs’ National Advertising Division (NAD) has seen a sharp increase in cases involving influencer marketing and advertising practices. That’s why the nonprofit home of industry self-regulation is gearing up to launch The Institute for Responsible Influence (IRI) in spring 2026.
“While the industry has scaled, the guardrails have not. Noncompliance with FTC disclosure guidance remains widespread, and consumer class actions targeting deceptive or undisclosed influencer promotions are on the rise,” Jennifer Santos, Program Development Manager for The Institute for Responsible Influence, told Chief Marketer. “These gaps put brands, creators and consumers at risk — financially and reputationally. Through training, certification and accountability, IRI will help elevate transparency, strengthen consumer trust, and support a more responsible and sustainable creator economy.”
NAD case decisions represent the single largest body interpreting U.S. advertising law. Since at least 2016 there have been several decisions involving influencers, although there was a significant uptick in 2023 and 2024, according to Santos. “NAD’s influencer cases increasingly involve leading fashion and beauty companies, as well as celebrity endorsements from household names. These high-profile matters underscore that influencer marketing is now a mainstream, high-stakes channel, where transparency and responsibility are expected at the very top of the market,” she said. “The trend to note is that large and small companies are using influencers across industries.”
Recent cases have included Lana Del Rey’s partnership with underwear/loungewear brand Skims, with NAD recommending the singer discontinue or modify Skim posts that lacked a clear and conspicuous disclosure. NAD prompted comedian Kevin Hart to revise posts promoting Fabletics to disclose his equity ownership.
It also dove into Huda Beauty claims following a challenge brought by competitor Charlotte Tilbury Beauty. At issue was a TikTok video with an influencer comparing setting sprays by the two companies. The influencer had no formal contract with Huda Beauty, but had reviewed products and received some free products in the past. In this case, NAD recommended that Huda Beauty make a good-faith attempt to request that the influencer remove the TikTok video.
Responsible Influence
The upcoming Institute will offer training specifically for influencers and content creators, giving them the ability to become certified so that brands know they’ve made a public commitment to transparency and responsible practices. More specifics of the program should be available early next year. Associations and platforms will play a role in supporting and amplifying credible standards across the industry, Santos added. IRI is supported by the Association of National Advertisers, the American Advertising Federation and the Association of American Advertising Agencies.
“This level of collaboration helps ensure that the Institute’s training, certification and accountability programs are aligned with the needs of the marketplace and grounded in perspectives from every corner of the advertising community,” she said. “We are also working with an advisory council made up of leading brands, agencies, industry associations and key partners from the creator‑platform ecosystem. We look forward to sharing more about our supporters and Advisory Council in early 2026.”
Trust Issues
Influencing is big business. NAD’s 2025 Influencer Trust Index found that 58% of surveyed consumers made a purchase as a result of an influencer endorsement — and 35% made 4-6 purchases based on influencers. That said, consumers trust influencers less than traditional advertising — 26% of respondents said they don’t trust influencer advertising compared to 11.3% not trusting general advertising.
The number one way for an influencer to break trust? Fail to disclose that they got paid or got free product. And notably for brands, 72% of respondents said both the brand and advertiser are responsible for ensuring advertising is truthful and transparent. “The mere presence of a brand partnership alone has little to no effect on the perception of trustworthiness, while the standard #ad or #sponsored disclosures do not lead to a feeling of the influencer being more trustworthy,” the report found.
Amy Maclean is Editorial Director at Cablefax.
