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3:28 pm PDT 31/10/2018
by
Booth Moore
The sisters pose as the famous VS Angels lingerie brand on social networks.
It may be October 31, but the Hollywood costume parade has been on social media for days.
Halloweekend saw Harry Styles disguised as Elton John and Chloe Grace Moretz as Tonya Harding. Today, Neil Patrick Harris and David Burtka have enlisted their two 8 year old twins to recreate Disney's Haunted Mansion. But on Wednesday night, the Kardashians won the prize, revealing a group costume that appeared to be a paid placement of the brand, if any.
"It was not a paid sponsorship – the girls did it just for fun," said a Kardashian representative. THR.
But a press release from Victoria's Secret certainly gave the impression of a business relationship.
"In the spirit of Halloween, Kim, Kourtney and Khloe Kardashian, along with Kendall and Kylie Jenner, channeled the iconic Victoria's Secret Angels," the statement said. "The sisters are wearing the wings of Victoria's Secret fashion show, and Kylie can be seen in the jumpsuit worn by Candace Swanepoel at the 2015 Victoria's Secret fashion show."
In addition to the links to the girls group photo posted on Instagram by Kim Kardashian (120 million followers) and Instagram by Kendall Jenner (97 million followers), the release included helpful links to all products worn by girls, including the VS Dream. Scalloped lace thong with angels worn by Kourtney ($ 16.50) and Lacie String bikini briefs worn by Khloe ($ 10.50).
What was not in the press release, nor in the Instagram posts, was a hashtag indicating that the costumes were sponsored advertising, which celebrities had to legally disclose according to the rules of the FTC.
Kim Kardashian thanked Victoria's Secret for sending out looks, and she labeled the mark in her message. (It has been reported that she earns up to $ 500,000 per sponsored Instagram post.) She also mentions the brand in her IG Story, but does not mention the loan.
Jenner posted a brash photo of the group photo – on the back, also scoring Victoria's Secret, and also not revealing whether the costumes were part of a paid transaction. (According to reports, Jenner earns over a million dollars per sponsored job.)
According to Julie Zerbo, founder and editor of The Fashion Law blog, the New York-based lawyer, the articles fall into a gray legal area. "If one of the messages does not potentially violate the FTC's rules, it would be Kim Kardashian's Instagram posting that clearly stands out from the wording that they borrowed the wings." It's different to simply say "thank you VS", what the FTC has done is not a valid disclosure, "she says, noting that even borrowing a trademark is an important link that needs to be disclosed.
The post on Kim's story, where she associates VS with VS, should say #ad or # sponsored, or explain that the costumes were borrowed, "because the FTC said you had to repeat your revelations," suggests Zerbo. "There is always a chance that someone will come to see his IG history and not the GI station."
Overall, the messages raise a bigger problem, says Zerbo, "that the FTC does not have strict rules about the language they want people to use for disclosures."
The press release from Victoria's Secret also complicates things, she says. "In theory, the Kardashians (or any celebrity) do not like their images to be used for commercial purposes." The press release suggests there may be another deal going on here that would result in to a greater need for disclosure. "
Dressing up for Halloween is a big deal in Hollywood, especially since influential celebrities share the costumes on social media. There are often professional stylists involved in finding the right look, as well as makeup artists, and there is an image training to find the right costume that makes an impression. With the help of stylist Maeve Reilly, up-and-coming actress Madison Pettis, disguised as Beyonce idol.
The legendary Hollywood Halloween party organized by Heidi Klum for 18 years is sponsored (with a repetitive step by step) by Party City.
So, the opportunity is ripe for brand collaborations. It's easy to see how Victoria's Secret, which was once the number one lingerie brand in America but struggled in the #MeToo era against feminine brands such as Aerie, would find it worthwhile. Dress up the Kardashian-Jenners for "the party" to reach. (VS has seen in-store sales fall by 5% in traditional stores in 2018.) We understand less why the Kardashian-Jenners, who undoubtedly have ambitions for lingerie brands (including that of Kim, unfortunately named Kimono Intimates), would like to associate with Victoria's Secret. Let the fallout ensue.
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