ARTICLE
6 August 2026

Class Action Alleges Fitness Influencers Were Weak On Disclosures (Podcast)

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Kelley Drye & Warren LLP

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Kelley Drye & Warren LLP is an AmLaw 200, Chambers ranked, full-service law firm of more than 350 attorneys and other professionals. For more than 180 years, Kelley Drye has provided legal counsel carefully connected to our client’s business strategies and has measured success by the real value we create.
When a fitness brand's influencer marketing campaign becomes the subject of a class action lawsuit, it raises critical questions about disclosure requirements and consumer protection. This case against Gymshark examines whether paid endorsements on Instagram crossed the line from authentic recommendations to deceptive advertising, potentially setting new precedents for how brands and influencers must navigate promotional partnerships.
United States Consumer Protection
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What happens when an influencer campaign sparks a class action instead of driving sales? In this episode, we unpack a lawsuit against Gymshark alleging that a network of fitness influencers promoted the brand on Instagram without clearly disclosing their paid relationships, misleading consumers into believing the endorsements were authentic personal recommendations rather than sponsored content. The case highlights the growing legal risks surrounding influencer marketing and serves as a reminder that brands can face scrutiny not only for what influencers say, but also for what they fail to disclose. As class action lawyers increasingly target endorsement campaigns alongside regulators, companies should ensure influencer partnerships comply with the FTC’s endorsement guidelines and prioritize clear, conspicuous disclosures.

Hosted by Simone Roach. Based on a blog post by Gonzalo E. Mon.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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