Singer-songwriter Lana Del Rey may have to pay a whopping $1M USD ($1.5M AUD) to reality star Kim Kardashian, who is allegedly suing Del Rey over an Instagram ad campaign.
The news comes after the National Advertising Division (NAD) made an inquiry into Kardashian’s underwear and loungewear company, Skims, to ensure that the brand’s partnerships with celebrities and influencers comply with the Federal Trade Commission’s (FTC) Endorsement Guides.
Del Rey, who was featured in a Valentines’ Day campaign for Skims back in 2024, was asked by Skims to specifically modify the three posts she posted on her Instagram page to include the tag #ad and/or #sponsored, which she has not yet done.
Del Rey’s posts did not include the tags #ad or #sponsored, which is required to follow the FTC’s guidelines. (Source: Instagram/@honeymoon)
The FTC requires that the celebs or influencers who promote a brand must disclose whether or not they are in a financial partnership with said company.
Del Rey’s photos were snapped by iconic shutterbug Nadia Lee Cohen, and featured the singer draped in lacy garments and surrounded by dreamy colour schemes.
US soccer player and sports team co-founder Brittany Mahomes was also scrutinised by the FTC for similar reasons, who did not include the required tags for her own partnership with Skims for a holiday sleepwear campaign.
Mahomes’ Instagram post for her Skims partnership also did not include #ad or #sponsored. (Source: Instagram/@brittanylynne)
The FTC stated that because both Del Rey and Mahomes tagged Skims in their posts, they count as endorsements that need to follow their guidelines.
Skims responded to the FTC and argued that the posts “did not explicitly reference Skims and were presented in a stylised fashion shoot making it likely that consumers would assume a paid partnership,” but NAD determined that the images did not “inherently signal” that the posts were part of an ad campaign.
“As a supporter of voluntary industry self-regulation,” Skims said in an advertiser statement.
“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.”
Del Rey, Mahomes, and Kardashian have not publicly commented on the situation.
