Stealth Marketing and Antibranding: The Love that Dare Not Speak Its Name

This article examines stealth marketing and antibranding strategies as forms of commercial speech that operate beneath consumer awareness. Katyal explores how companies covertly embed brand messages through social media, viral marketing, and lifestyle integration to circumvent traditional advertising regulations and consumer skepticism. The author analyzes the legal frameworks governing such practices, including FTC guidelines on endorsements and disclosure requirements. The article argues that stealth marketing creates information asymmetries that undermine informed consumer choice and traces the tension between protecting corporate expression and safeguarding consumer welfare. Katyal proposes enhanced disclosure mechanisms and transparency requirements as means to align stealth marketing practices with fundamental consumer protection principles while respecting commercial speech rights.

Keywords: stealth marketing · viral marketing · brand integration · FTC disclosure · consumer choice · commercial speech