Jennifer D. Oliva (Indiana University Maurer School of Law) has posted Wellness Influencer Scienceploitation: An American Medicine Show Revival, 94 UMKC L. Rev. 931 (2026) on SSRN. Here is the abstract:
This Article argues that modern wellness influencer marketing represents a digital revival of the American medicine show. From 19th-century patent medicine peddlers to today’s social media personalities hawking detox teas and gummy supplements, wellness fraud has exploited the same information asymmetries, regulatory gaps, and cultural anxieties—while leveraging new technologies that amplify both reach and harm. The Article traces this evolution across five Parts: the history of American wellness fraud and current regulatory frameworks; the rise of modern wellness influencers and “conspirituality”; COVID-19 pandemic health scams; the institutional capture of government health agencies by wellness industry interests; and a critique of existing regulatory approaches with recommendations for reform. These recommendations include reforming the Dietary Supplement Health and Education Act, enhanced platform transparency requirements modeled on the European Union Digital Services Act, strengthened Federal Trade Commission enforcement authority, and targeted amendments to Section 230 that would remove immunity for algorithmically promoted health misinformation. The story of American wellness regulation is not one of scientific progress triumphing over quackery, but of a complex dance between innovation, exploitation, and institutional adaptation. Understanding this history is essential to developing regulatory frameworks capable of addressing contemporary wellness fraud while respecting legitimate interests in health autonomy and free expression.
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