CELEBRITY ENDORSEMENTS
regulated online sports betting, and a handful of states have regulated online gaming. Predictably, regulated betting and gaming has led to a proliferation of gambling advertisements, which has led to concerns about the volume of gambling advertisements across the United States. In 2019, the American Gaming Association (“AGA”), the United States’ main industry advocacy group, introduced the Responsible Marketing Code for Sports Wagering (the “AGA Code”). The purpose of the AGA Code was to introduce uniform marketing standards for gambling Operators. 10 The Code specifies that “models, actors, influencers, athletes and entertainers appearing in advertising should be a minimum of 21 years old, substantiated by proper identification,” but there is not an outright ban on the use of Celebrities. While the AGA Code seeks to establish uniform standards for all Operators across the country, the actual sanctions that the AGA can impose are limited. For example, if the AGA finds that an operator has published an advertisement that has violated the AGA code, they can request that the operator withdraw or revise their advertisement, and/or publish on their website the nature of the advertisement, the code violation, and the Code Compliance Review Board’s decision. However, since online gambling is regulated at a state level (as opposed to federally), 11 the advertising laws related to Celebrities can vary widely. For example, in states such as Colorado and Michigan, 12 there is no mention of celebrity advertising whatsoever in their internet gambling regulations. Some states, such as Connecticut and Massachusetts 13 that do mention Celebrity marketing in their gaming regulations, state that advertising materials (which may include celebrities, symbols, cartoons, symbols, themes, and/or language) shall not target or appeal to audiences under the age of 21. Illinois
has an additional restriction that prevents anyone who is, or appears to be, under 21 from appearing in advertisements, 14 while Virginia expressly allows professional athletes who are under 21 to be in advertisements. 15 While there have been fines imposed by gambling regulators in the US for certain advertising activities, 16 there has not yet been an Operator in the US that has been fined by a state regulator specifically for the use of Celebrities in gambling advertisements. United Kingdom The Gambling Act (2005) (the “Act”), was revised in 2014 to allow the United Kingdom Gambling Commission (the “Commission”), the body responsible for regulating gambling in the United Kingdom, to license and regulate online gambling Operators. 17 Their licensing standards, known as the License Conditions and Codes of Practice (“LCCP”), require that Operators comply with various advertising codes and bodies. These include the Advertising Standards Authority (“ASA”), the Committee of Advertising Practice Code (“CAP”), the Broadcast Committee of Advertising Practice Code (“BCAP”), and the Industry Group for Responsible Gambling (“IGRG”) Code for Responsible Advertising. 18 The ASA, which enforces the CAP and BCAP Codes (the “U.K. Advertising Codes”), revised the U.K. Advertising Codes in October 2022 to prohibit gambling content that has a strong (opposed to particular) appeal to those under the age of 18 (“Under 18s”). 19 The amendments limit the presence of celebrities, social media influencers, reality TV personalities from shows popular with Under 18s, and professional footballers (the British kind) in gambling advertisements. Additionally,
10 American Gaming Association, Responsible Marketing Code for Sports Wagering, March 28, 2023. 11 American Gaming Association, Interactive U.S. Map: Sports Betting, accessed February 16, 2025.
12 See 1 CCR 207-2 at Section 6.12 and Mich. Admin. Code R. 432.749 13 See Conn. Agencies Regs . § 12-865-25(d)(4) and 205 CMR 256.05(3) 14 Ill. Admin. Code tit. 11 § 1900.340(e)(4)-(7). 15 See 11VAC5-70-240 16 Devin O’Connor, DraftKings Sportsbook Fined $94K in Maryland for Marketing Violations, Casino.org, August 28, 2023; Jo Ingles, Sports Bet- ting Companies Face Penalties for Breaking Ohio Law in Ads, Statehouse News Bureau, January 5, 2023. 17 Gambling (Licensing and Advertising) Act 2014 c. 17. 18 United Kingdom Gambling Commission, Online License Conditions and Codes of Practice at Section 2, subsection 5.1.6 and subsection 5.1.8. 19 ASAP and CAP News, New Content Restrictions on Gambling and Lotteries Ads, Advertising Standards Authority, October 3, 2022.
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IMGL MAGAZINE | MARCH 2025
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