Opinion: And now, a commercial message from the First Lady

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Does the glow of November’s election still radiate in Michelle Obama’s face, or is that just the skin products she uses? A publicist for AB skincare, a line of products peddled by New York dermatologist Dr. Craig Austin, sent me a pitch this morning suggesting the soon-to-be First Lady’s ‘beauty secret for flawless skin’ was none other than AB’s ‘10% Glycolic Treatment.’ The press release included a photo of Mrs. Obama next to a jar of the product, strongly suggesting that she was endorsing it.

Given that I view just about everything through the prism of intellectual property law, I felt compelled to ask said publicist, Krystina Fisher of 5W Public Relations in New York, whether Mrs. Obama had consented to her picture being used on the press release. I mean, even elected officials (and their spouses) have rights of publicity, non? Her one-line response: ‘The products were sent over for her to use.’ Umm, that’s not exactly responsive. My guess is that Mrs. Obama doesn’t realize she’s the new poster girl for AB skincare, and that when she does, the company will be finding other ways to illustrate its claims.