Recently, ‘The Help’ star Octavia Spencer filed suit against Sensa Products after the company allegedly failed to uphold its end of an endorsement contract.  Los Angeles entertainment attorneys understand that entertainers get paid for their work in movies, television shows, and on stage; however, endorsing products is another source of income for many entertainers, and often helps them further develop their public image.  For many budding and seasoned entertainers, product endorsements are an essential additional income source as well.

When an actor or actress endorses a product or service, there is typically a contract involved.  Spencer, who was a spokesperson for Sensa, claims in the suit that the company failed to pay her for speaking publicly regarding the benefits of Sensa products for weight loss.  According to a news article at Business Standard, the terms of Spencer’s contract included that she would not pose for photographs or appear in tabloid publications.  Sensa upheld these terms, however claims that there were issues with Twitter endorsements made by Spencer, specifically that her tweets included a ‘#spon’ hashtag so that Twitter followers would know her tweets were sponsored messages.

Federal Trade Commission (FTC) recommends that when promoting products via social media or talk shows, entertainers and celebrities disclose the relationships they have with advertisers.  Spencer was following recommendations, and attempting to be honest and transparent with fans; now, it seems that her efforts to be honest has resulted in punishment by Sensa in the form of non-payment for her endorsements of their weight loss product.

Spencer did actually lose weight while using the products, however the company claims she was in breach of contract for using the #spon at the end of her Twitter updates.  Her attorney said that the product manufactured by Sensa is designed to trick the user’s brain, and the fact that the company ‘manufactured’ allegations against Spencer, the company’s most prominent spokesperson, does not come as a surprise.

Will Spencer ultimately be compensated for endorsing Sensa Products?  Perhaps we will hear more about the outcome of this case in the coming weeks and months.

Spotora & Associates is a Los Angeles-based entertainment and business law firm dedicated to securing the results our clients expect.