Can I use a celebrity's name or image to promote my product in Virginia? What are the requirements?

Using a celebrity’s name or image to promote a product in Virginia

In Virginia, using a celebrity’s name or image to promote a product is allowed as long as it is done in compliance with the state’s right of publicity laws. The right of publicity is the right of an individual to control the commercial use of their name, image, or likeness.

To use a celebrity’s name or image to promote a product in Virginia, you must obtain their consent. Without their consent, using their name or image could result in a lawsuit for invasion of privacy or violation of their right of publicity.

Requirements for using a celebrity’s name or image

If you have obtained a celebrity’s consent to use their name or image to promote your product in Virginia, there are certain requirements you must follow:

• Clearly disclose that the celebrity is endorsing or promoting the product.
• Ensure that the endorsement or promotion is truthful and not misleading.
• Avoid making false or unsubstantiated claims about the product.
• Comply with all applicable advertising laws and regulations.

It is important to note that the Federal Trade Commission (FTC) has guidelines for endorsements and testimonials in advertising. These guidelines require that any material connection between an endorser and the advertiser be disclosed. This means that if a celebrity is being paid to endorse a product, that fact must be disclosed in the advertisement.

Jurisdiction

Virginia

• Privacy