Lana Del Rey and Brittany Mahomes have been advised by the National Advertising Division to either stop or modify their social media posts for Kim Kardashian's Skims brand.
The multi-Grammy winner Del Rey and the Kansas City Chiefs' loving Mahomes are celebrity influencers for their friend Kardashian's brand.
In a statement issued Thursday, BBB National Programs' National Advertising Division said it had assessed Skims' advertising practices to ensure that its partnerships with Del Rey and Mahomes complied with the Federal Trade Commission's Endorsement Guidelines regarding the proper disclosure of their financial relationship with the brand.
As a division of BBB NationalPrograms, NAD provides independent self-regulation and resolution services to guide truthfulness in advertising nationwide.
In keeping with the FTC's Endorsement Guides, if a social media influencer endorses a product through social media, their message should make it obvious that they have a relationship ("material connection") with the brand. A "material connection" to the brand includes a personal, family, or employment relationship or a financial relationship -- such as the brand paying social media influencers or giving them free or discounted products or services.
Del Rey, who has 20.6 million Instagram followers, and Mahomes, who has 2.1 million, routinely post about Skims bodywear and loungewear on . Del Rey appeared in a 2024 Valentine's Day ad campaign, too. Meanwhile, Skims has 6.6 million Instagram followers. In 2023, Mahomes starred in a Skims holiday campaign with her NFL quarterback husband Patrick and two of their children, Sterling Skye and Patrick "Bronze" Lavon. Brittany Mahomes started a signature activewear line in 2022 with Vitality.
Through the inquiry, the National Advertising Division focused on whether Del Rey and Mahomes adequately disclosed their financial relationships and material connections with Skims, while promoting its products on social media. It also examined the steps Skims has taken to ensure influencer compliance with the FTC's Endorsement Guides.
Mega influencers earn between $10,000 and $1 million per Instagram post, according to DemandSage research.
Representatives for Skims, Mahomes and Del Rey did not acknowledge media requests Thursday.
After reviewing three Instagram posts by Del Rey in January 2024 that featured Skims, either by name or by tagging Skims, NAD asked her to discontinue or modify those posts by including "#ad" and/or "#sponsored," as per her contract indicates. For compliance purposes, NAD will treat this voluntary modification as though it was recommended by NAD and agreed upon by Skims.
NAD noted that Skims had taken steps to ensure its contracted influencers comply with FTC guidelines, such as providing posting instructions to its influencers and monitoring its influencers to inform them of insufficient disclosures.
NAD also considered two Instagram posts by Mahomes in November 2023 that featured her and, in some cases, her family wearing Skims. Although the posts did not mention Skims in the captions, the brand was tagged in the images, which qualifies them as endorsements under FTC guidelines.
In turn, Skims argued that Mahomes' posts did not "explicitly reference" Skims and were presented as a stylized fashion shoot "making it likely that consumers would assume a paid partnership," according to the NAD. But NAD determined that the images did not signal sponsorship, because solely tagging a brand does not constitute "sufficient disclosure."
Skims was advised by NAD to "take reasonable steps" to have Mahomes discontinue or modify the two posts to include an appropriate disclosure. Her Skims-wearing post from November 2023 now reads "Paid partnership with Skims."
In what NAD described as "an advertiser statement," Skims said, "As a supporter of voluntary industry self-regulation, Skims welcomes the opportunity to work with NAD in upholding high standards of truth and accuracy and appreciates NAD's recognition of the steps Skims has taken to ensure its contracted influencers comply with the FTC Endorsement Guides."
The FTC has been keeping an eye on celebrity endorsements via social media for years. In 2017, the FTC issued warnings to 45 celebrities for not clearly stating their relationships with brands including Sean Combs, Naomi Campbell, Sofia Vergara, Heidi Klum, Victoria Beckham and Kourtney Kardashian, among others.