Product reviews are some of the most influential content on social media today, but they also carry legal risk. In recent years, companies have increasingly taken legal action against creators for reviews they view as misleading, dishonest, or infringing on intellectual property rights. At the same time, regulators have made clear that influencers themselves, not just the companies behind campaigns, can be held directly responsible for deceptive content.
These risks are heightened when a creator is receiving compensation, selling competitive products, or otherwise has a material connection to a brand. Before hitting “post” on a product review, content creators should understand the potential legal risks involved.
Trademark Infringement
When posting content about branded products, creators should be mindful of trademark infringement risks. Trademark infringement generally occurs when a brand name, logo, or other protected mark is used without permission in a way that could confuse consumers about whether there is an official relationship or endorsement. Key points to keep in mind include:
- Use Trademarks Responsibly. Referring to a brand name to identify or discuss a product is typically acceptable when done in a factual, descriptive way. Problems arise when trademarks are used in a manner that suggests affiliation, partnership, or approval that does not exist. This risk increases when logos are prominently featured in thumbnails, repeated across overlays, or used primarily for aesthetic purposes.
- Understand The Limits Of Fair Use. Trademark law allows room for commentary, criticism, and parody under the doctrine of fair use, but these protections are narrow. Courts increasingly examine how a trademark is presented, the surrounding messaging, and whether the content is monetized. Even critical commentary may cross into infringement if the branding suggests sponsorship or endorsement.
False Advertising
Improper use of a brand name or inaccurate product descriptions can also give rise to false advertising claims. False advertising occurs when false or misleading statements about a product or service could deceive consumers or harm competitors. False advertising claims frequently stem from casual or conversational language. Statements made in captions, voiceovers, pinned comments, on-screen text, or thumbnails can all be actionable. Recent regulations also underscore that disclaimers alone do not cure misleading statements. Even where disclosures are made, creators may still face liability if the overall message conveyed to consumers is deceptive.To reduce risk, creators and business owners reviewing another company’s product should consider the following:
- Verify Claims. Research product features, benefits, and limitations before repeating them in a review.
- Avoid Exaggerated Or Absolute Statements. Guarantees, dramatic before-and-after claims, or broad superlatives can easily cross from opinion into misleading advertising.
- Distinguish Opinions From Claims. Saying “this worked for me” is materially different from implying a product will work the same way for everyone.
Trade Libel And Defamation
Reviews should be honest and not misleading. Otherwise, a post may give rise to claims for defamation or trade libel. Trade libel is a specific form of defamation involving false statements about the quality of a company’s products or services. In the context of online reviews, trade libel claims typically require:
- A false statement of fact;
- Publication to a third party;
- Intent or reasonable expectation of financial harm;
- Actual financial loss; and
- Expressed or implied malice.
Defamation per se, by contrast, focuses on reputational harm and does not require proof of special damages. Certain content formats present increased legal risk, even when criticism might otherwise be lawful, including: screenshots taken out of context; side-by-side comparisons implying factual superiority; and “Exposing” or Call-Out Videos that present opinions as established facts. Courts increasingly focus on how content is presented rather than how the creator intended it. Statements framed as definitive conclusions, rather than personal experiences, are more likely to trigger legal exposure. Creators should:
- Share Opinions, Not Facts. Because defamation and trade libel claims hinge on false statements of fact, reviews should be clearly framed as personal opinions based on individual experience.
Unfair Competition
Unfair competition risks arise when creators review products that compete with products or services they offer, promote, or have a financial interest in. This issue has become increasingly common as creators launch their own brands or maintain affiliate relationships. To reduce the risk of an unfair competition claim:
- Avoid Presenting Opinions As Objective Facts. This is especially important when reviewing competing products.
- Disclose Any Conflicts Of Interest. Clearly disclose ownership interests, affiliate relationships, or advisory roles with any brand or competitor.
Federal Trade Commission Violations
The Federal Trade Commission (FTC) is a government agency that protects consumers by preventing deception and unfair business practices. The FTC sets and enforces the legal standards that influencers must follow when making product endorsements. While brands remain responsible for compliance, the FTC has made clear that content creators themselves can be directly liable for violations.
Recent updates to the FTC’s Endorsement Guides, along with the adoption of new rules targeting fake and misleading reviews, have significantly increased legal exposure for influencer content. These developments prohibit, among other things:
- Reviews by individuals who did not actually use the product;
- Reviews by founders, employees, or agents without disclosure;
- Misleading “Honest Review” or “Unbiased” language in paid content;
- Suppressing or selectively displaying negative reviews.
To comply with FTC guidelines, creators should keep the following in mind:
- Always disclose material connections to a product.
- Ensure disclosures are clear, unavoidable, and easy to understand.
- Use platform-specific disclosures and repeat them across posts.
- Include disclosures both visually and audibly in video content.
What To Do Before You Hit “Post”
Posting product reviews can be a valuable way to inform audiences and grow a platform. The goal is not to avoid reviews, but to approach them intentionally. As regulatory scrutiny and private litigation continue to increase, creators should treat product reviews as regulated advertising rather than casual speech.
Planning ahead, clearly framing opinions, and understanding disclosure obligations can significantly reduce legal exposure. If you have questions about posting online reviews, influencer agreements, advertising compliance, or intellectual property issues, reach out to a member of our team for guidance.
Contributions made by Jackson Wooton.