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The encyclopedia · Advertising & PR · Marketing decision · 2022

Kim Kardashian took $250k to tout a crypto token — the SEC billed her $1.26M for it

October 2022: Kim Kardashian settled SEC touting charges over an undisclosed $250k EthereumMax ad on Instagram — paid $1.26M with a three-year crypto ban.

EthereumMax · 2022-10

What happened

EthereumMax paid Kim Kardashian $250,000 to promote its EMAX token to her Instagram followers — a post with a link to the EthereumMax site and instructions on how to buy. The post did not disclose that she was paid, by whom, or how much. On 3 October 2022 the SEC charged her under Section 17(b)'s anti-touting provision, which requires anyone who promotes a security to reveal the nature, source and amount of the compensation they received.

Kardashian settled without admitting or denying the findings: disgorgement of the fee plus prejudgment interest and a $1 million penalty — $1.26 million in total — and an agreement not to promote any crypto asset security for three years. Enforcement director Gurbir Grewal said investors 'are entitled to know whether the publicity of a security is unbiased'. Her lawyer said she was 'pleased to have resolved this matter' and had cooperated from the start.

The backdrop was a January 2022 investor lawsuit alleging that Kardashian, boxer Floyd Mayweather Jr. and others promoted the token in a pump-and-dump: celebrity hype lifted the price, and 'the fall was as dramatic as the rise'. The SEC settlement became the standing warning for influencer campaigns — disclosure is mandatory, and no follower count buys an exemption.

Why it happened

  • The fee was the message: a $250,000 undisclosed payment made the endorsement an advertisement, and securities law treats paid promotion of a security as touting.
  • The post linked straight to a purchase page, so a personal recommendation flowed directly into investment decisions without a disclosure in between.
  • The SEC picked one of the largest accounts in the world to make the point — a settlement roughly five times the fee told every influencer that disclosure is cheaper.
What it cost$1.26M settlement; 3-year crypto bancostly

The lesson

Paid promotion of a security is an ad with disclosure duties: state the payment, its source and its amount. Reach multiplies the liability — the fine ran to five times the fee.

Aftermath

Kardashian moved on with her businesses while the case anchored the SEC's celebrity-influencer crypto enforcement wave, alongside parallel investor litigation over the token's pump and dump. Compliance checklists for influencer campaigns gained a permanent securities-law item: if it is a security, the fee must be disclosed.

Sources

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