The New Era of Crypto Influencer Marketing: Navigating Risks and Opportunities in a Regulated Landscape

The crypto influencer marketing ecosystem has become a lightning rod for regulatory scrutiny and investor skepticism in 2025. A wave of class action lawsuits, such as Dubreu v. Celsius Holdings Inc. and Bengoechea et al. v. Shein, has exposed systemic failures in transparency, with plaintiffs arguing that undisclosed financial ties between influencers and brands artificially inflated asset prices and misled consumers [1]. These cases, coupled with enforcement actions by the DOJ and SEC, underscore a critical inflection point: the industry’s survival now hinges on reconciling its wild-west origins with the demands of a newly vigilant regulatory environment.

The U.S. GENIUS Act and the EU’s MiCA regulation, enacted in 2025, represent a seismic shift in the rules of engagement. The GENIUS Act mandates that stablecoin advertisements be 1:1 asset-backed, while MiCA standardizes ad rules across 27 member states, enforcing transparency in targeting and disclosure [2]. These frameworks aim to restore trust, yet their effectiveness remains uneven. Over 40 U.S. states have introduced crypto-specific legislation, creating a patchwork of compliance requirements that strain smaller players [2]. Meanwhile, the UK’s revelation that 90% of crypto apps failed AML checks highlights persistent vulnerabilities in ad-driven markets [2].

For investors, the risks are manifold. The 9% drop in global crypto market cap in Q1 2025 reflects a recalibration of expectations as regulators crack down on deceptive practices [2]. Public sentiment has shifted: 45% of respondents now view crypto as riskier than traditional assets, a stark reversal from 2023 [2]. Yet these challenges also create opportunities. Crypto-friendly advertising platforms, which bypass restrictions on mainstream channels like Facebook and Google, are gaining traction [2]. Stablecoins, with their lower volatility and instant transaction capabilities, are becoming the preferred medium for influencer payments, with 49.6% of such transactions now performance-based [2].

The path forward demands a cultural shift. As the Dubreu and Bengoechea cases illustrate, legal liability now extends beyond brands to individual influencers, who must navigate a minefield of disclosure requirements [1]. For those who adapt, however, the rewards are significant. The rise of asset-backed stablecoin advertising and MiCA-compliant platforms offers a blueprint for legitimacy. Investors who prioritize transparency—both in their own operations and in their portfolio companies—will be best positioned to capitalize on the post-scandal landscape.

In the end, the crypto influencer economy’s future will be defined not by its ability to evade scrutiny, but by its capacity to align incentives. As one industry observer noted, “The best influencers won’t just disclose their ties—they’ll earn trust by proving their value through compliance and accountability.” For investors, the question is no longer whether crypto marketing will evolve, but how quickly they can adapt to its new rules.

Source:
[1] Influencer Marketing Class Actions Surge in 2025 [https://www.morganlewis.com/pubs/2025/06/influencer-marketing-class-actions-on-the-rise-common-themes-and-key-takeaways]
[2] Cryptocurrency Advertising Regulations Statistics 2025 [https://coinlaw.io/cryptocurrency-advertising-regulations-statistics/]