If you gift product or pay creators, read this

Howdy everyone! Happy Sunday (and Easter to those who celebrate!). It’s a good day in new york since the Knicks secured game one last night in the finals and it was 80 degrees yesterday so like we’re so back.

Although the spring weather is making things feel a bit easier, it still feels like 15,000 things are happening at once when i chat with friends, family, and folks in the consumer space, especially when it comes to those impacted by tariffs.

Being that i don’t really have insight there, i cannot say it’s my place to talk about it, but here for anyone that just needs to vent.

Instead, we’re hitting on something that you’ve probably seen the headlines:
Revolve is facing a $50M class-action lawsuit for failing to disclose that it compensated influencers — in stock, no less — while encouraging them to promote the brand to their audiences.

The influencers? Didn’t use #ad. Didn’t mark the posts as paid. Nothing.

A lot of brands and creators still don’t understand the rules, but to be fair, some of them are hella confusing, but still, there are key basics everyone should know.

So, let’s break them down.

We need to keep talking about why brands should be thinking differently about influencer marketing across all steps in the process and across niches, but especially when it comes to retail marketing and awareness, or if you’re reading this and own a brick and mortar. It’s just something that isn’t given enough attention because usually the answer to many brands wanting to get more influencers is just “gift product”, but like what if you can’t?

Here’s what hasn’t changed: local creators are still some of the most trusted voices in their communities. People want real recs from someone who’s been to that new taco spot, shops at that boutique, or swears by that local gym.

That’s where Hummingbirds comes in. It’s not just local influencer marketing—it’s where creators and retail visibility finally sync up. Because what’s the point of someone caring about your product… if they can’t find it where they shop or add it to cart online?

When a creator posts about your brand and says it's at their H-E-B, Target, Costco, or local grocer—it’s an instant “oh wait, I saw that, grabbing it next trip” moment.
It stops feeling like a campaign. It starts feeling like a neighborhood recommendation.

I’ve worked with Hummingbirds across local and regional brands—and for bigger brands looking to drive real, city-specific momentum in places like Columbus, Austin, and more. Let me tell you: this isn’t about vanity metrics. These are creators driving measurable action. 

Retail + influencer is still kind of the wild west—but it doesn’t have to be.

And it’s not just food brands. If you’re in beauty, are an emerging brand in a few locations, a grocer and more, they can be there as a shoulder to lean on. Companies like Olipop, Athena Club, happy, Halfday, 90 Degrees by Reflex, Brite, TONYMOLY (see examples when you click!) are all using Hummingbirds to connect with real people in real communities. Whether it’s pushing trials in regional retailers or getting stocked in the fridge or getting added to their cart, these brands are making local feel big.

Hummingbirds makes it ridiculously easy: creator matching, briefs, outreach, payments—it’s all automated. Whether you need to move product at one key retailer or spin up campaigns in 10+ cities, they’ve got you. They’re live in 23 markets (with new ones like Denver + Atlanta just added).

Not sure if it’s time to work with local creators? Well, if:

• You’re launching into new cities and need people to know you’re on shelves

• You’re investing in the Midwest or regional retail and tired of wasting ad spend

• You want to build city-level community love, not just impressions

• Paid is stalling and you need new levers: conversions, content, buzz

• You’ve got awareness in big cities—but not enough traction elsewhere

• You want to turn local fans into your best marketers (without the chaos)

It might be the time. You can sign up HERE to chat with them or email their founder, Emily, at [email protected] and tell her I sent you. She’ll roll out the red carpet.

This week, Revolve got hit with a $50 million class-action lawsuit over influencer marketing practices—and it’s a mess. Alo Yoga also just got hit with one, too (via Rob Freund, one of the best follows on X!)

Here’s the TL;DR:

The brand allegedly gave stock to influencers without disclosing it to consumers or investors. Posts went up. No #ad. No “paid partnership.” No mention of compensation. Just curated content and aspirational captions—presented as organic, unpaid endorsements since technically they owned a veeeery small % of the company.

This lawsuit isn’t just about Revolve. It’s a case study in what happens when you grow without guardrails. When you treat influencer marketing like a shortcut—not a channel. When disclosure becomes an afterthought or you try and find the workarounds.

So let’s break down what this means for brands who do want to get it right.

1. Compensation comes in many forms—so does legal exposure.

If you’re paying a creator in any form—money, affiliate revenue, even stock—you’re running a sponsored campaign.

And the moment a post goes live? That relationship needs to be disclosed clearly, up front. Not buried in a caption. Not hinted at with a vague message.

You need to say it plainly: #ad or Paid Partnership with [Brand] using the platform’s built-in tools, etc.

When you’re paying for content, it’s not optional.

2. If it’s paid, you have to say it. Clearly.

Revolve didn’t just fail to disclose to consumers—they allegedly misled investors. That’s a whole different ballgame.

But on the consumer side, the FTC has been crystal clear for years:
✅ “#Ad”
✅ “Sponsored by [Brand]”
✅ “Paid partnership with [Brand]” using Instagram/TikTok’s built-in tools
These all work.

❌ “Thanks @brand”
❌ “So excited to work with…” buried mid-caption
These do not.

Clarity > creativity when it comes to compliance. If it’s paid, say it. Confusion is what gets brands fined—and consumers annoyed.

3. Influencer marketing ≠ legal gray area.

The fastest way to lose consumer trust is to make things feel sneaky or just when an influencer or figure does something that’s out of character like when J-Lo started a tequila brand even though she said she doesn’t drink.

We all know that once that trust is broken? It’s really, really hard to rebuild.

Disclosures aren't just about satisfying regulators—they’re about showing up honestly. And the best creators want to do things by the book. Your influencer strategy should protect them, too.

If you're unclear about what to ask for, here's your checklist:

• ✅ Require #ad or the “paid partnership” tag for all paid content

• ✅ Make disclosure placement obvious—top of caption, visible in Story

4. Influencers are not vending machines.

Somewhere along the way, “influencer marketing” turned into a game of slot machine content. Drop in a check, get a post. Seed product, hope for a Reel. Send UGC prompts, collect footage.

But the most impactful influencer work happens when you treat creators like actual partners. That means giving them creative freedom, yes. But also respecting their time, being clear about deliverables, and supporting them with transparent expectations.

Trust builds real content. Trust builds actual influence. You can’t shortcut your way to that.

Revolve helped build the influencer playbook. Now they’re showing us what happens when you skip the legal section.

If you’re building in public, using creators to tell your brand story, or growing a retail footprint through social— please keep this stuff in mind.

Because influencer marketing isn’t going away.

It’s time for Ahead of The Trend.

A quick, snappy ode to the fun things I’m seeing online across creators, social, and brands. Sometimes, it’s a trend. Sometimes, it’s just a tip I want to share about marketing. TL;DR: just cool things I’m loving right now or things you should know.

Products of the Week That I Can’t Stop Using, Eating, Reading…You Get The Point:

• Using: I feel victim to the Summer Friday Lip Balms as a result of the Sephora Sale

• Eating: These Aussie bites from Costco slap

• Influencer of the Week: 

• Account of the Week: I just recently found the @jajupierogi account and it’s too funny and a great mix of original content.

A Random Mix of Things You Should Definitely Know About: 

• Instagram is supposedly testing Reels that can be watched only if you have a secret code which could be really fun for brands to see how to integrate their other channels to convert to social from e-mail or SMS (via Techcrunch)

• Instagram launched it’s new “Blend” feature, which allows you to create a shared feed of reels with a friend or group chat (via Social Media Today)

• Elon Musk continues to ruin X (via Mashable).

• Threads is still gaining user momentum as continues to be underrated (via Social Media Examiner)

• Need an easy post win for this week that folks are using? Try this:

  • “God Forbid” → This TikTok trend is all about taking an action or a trait typically seen as negative and spinning them into something more positive. See some examples here and here.

That’s a Wrap!

As always, thanks for spending some time with me.

Also, if you have a friend or coworker who you think would love to join the party of 3,000+ really cool folks (including yourself), just shoot them this link - would mean a lot 🙂 https://kendalldickieson.beehiiv.com/subscribe

See you later this week as we can back on track.

Peace, love, and KPIS,

KD

This edition is brought to you by Hummingbirds