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the-sec-vs-crypto-legal-battles-analysis
Blog

Why Marketing 'Stability' Creates an Expectation of Profit

The SEC's core legal argument reframes 'price stability' as a financial return. This analysis dissects the Howey Test, marketing language from Circle and Tether, and why this redefinition threatens the entire stablecoin ecosystem's legal foundation.

introduction
THE MARKETING MISMATCH

Introduction: The $1 Peg is a Financial Product

Stablecoin marketing creates a profit expectation by conflating technical stability with financial safety.

Stability implies safety. Marketing a token as a 'stable' $1 asset creates the expectation of a risk-free store of value, a promise no on-chain mechanism can guarantee.

The peg is a derivative. A stablecoin's value is a derivative of its underlying collateral and redemption mechanism, not a fundamental property, making it a synthetic financial product like a money market fund.

Users expect yield. Platforms like MakerDAO and Aave embed stablecoins into yield-bearing systems, training users to view 'stability' as the baseline for profitable financial activity, not just a unit of account.

Evidence: The 2022 UST depeg demonstrated that algorithmic stability fails when the promised $1 anchor is treated as a risk-free return vector, not a probabilistic outcome of a complex system.

deep-dive
THE EXPECTATION GAP

Deconstructing the 'Stability' Promise

Marketing 'stable' yields creates a dangerous expectation of principal protection that the underlying mechanisms cannot guarantee.

Stability implies principal protection. Protocols like Lido and Aave advertise 'stable' APYs, but this refers to rate predictability, not asset value. The underlying staked ETH or supplied USDC remains volatile, creating a cognitive disconnect for users expecting a risk-free return.

Yield is a risk premium. The 'stability' of a 3% yield on MakerDAO's DSR or a Compound supply rate is a function of protocol demand and parameter tuning, not a promise. These rates adjust weekly, and the collateral backing the yield can be liquidated.

Marketing creates moral hazard. Framing variable yields as 'stable' allows protocols to onboard users who misunderstand the smart contract risk and oracle failure scenarios inherent to DeFi legos. This misalignment sets the stage for user backlash during market stress.

Evidence: During the UST depeg, 'stable' yields on Anchor Protocol collapsed from 20% to near zero, demonstrating that advertised stability is a function of unsustainable tokenomics, not a fundamental property.

THE HOWEY TEST TRAP

Stablecoin Marketing Claims vs. SEC Interpretation

A comparison of common stablecoin marketing language with the SEC's legal framework for determining if an asset is a security, focusing on the 'expectation of profit' prong.

Marketing / User Perception TriggerStablecoin Issuer's Typical ClaimSEC's Probable InterpretationLegal Precedent / Rationale

Primary Value Proposition

"Hold a stable asset pegged to $1"

Creates expectation of maintaining/store of value

Howey's 'investment of money' prong satisfied via fiat purchase; stability is the core 'profit' (preservation).

Yield Generation

"Earn X% APY via our integrated lending protocol"

Direct evidence of profit expectation from issuer's efforts

SEC v. Ripple; Yield is a return derived from managerial efforts of the issuer/ecosystem.

Rebasing / Reward Mechanisms

"Auto-compounding rewards in the stablecoin itself"

Profit expectation from token appreciation via supply mechanics

Similar to staking rewards; viewed as a return on investment from the protocol's operations.

Collateral & Backing Promises

"Over-collateralized by 150% with liquid assets"

Implies a safety net and return of principal, an investment contract hallmark

The promise of redemption at par value, backed by a pool of assets, frames it as an investment with security.

Marketing as an 'Alternative'

"A better, digital dollar" or "Earn while you hold"

Positioning as a superior financial product implies profit/benefit vs. traditional banking

Promotional language that highlights comparative financial advantage triggers investment contract analysis.

Direct Price Stability Guarantees

"Algorithmic mechanisms ensure the peg is maintained"

The promise of active management to preserve value is a managerial effort for profit (stability)

Active management to maintain a price point is analogous to a company managing operations for shareholder value.

On-Chain vs. Off-Chain Utility

Used primarily for trading pairs on DEXs (Uniswap, Curve) or as collateral (Aave, MakerDAO)

Utility within an ecosystem still subject to Howey if primary motive is investment

SEC's 'ecosystem' argument: even in-app utility can be secondary to the investment motive.

counter-argument
THE MARKETING MISMATCH

The Steelman: It's a Payment Token, Not an Investment

Promoting 'stability' inherently creates an investment thesis, contradicting the legal classification of a pure utility token.

Stability is an investment feature. A token marketed as a stable medium of exchange creates an expectation of price predictability, which is a primary characteristic of a low-risk financial asset, not a consumable good like cloud compute credits on Render Network or file storage on Arbitrum.

The legal precedent is clear. The Howey Test defines an investment contract based on the expectation of profits from the efforts of others. Marketing a 'stablecoin' as a safe harbor during market volatility directly satisfies this criterion, unlike purely functional gas tokens.

Utility tokens fail without speculation. No major Layer 1 token like Ethereum or Solana sustains network security solely on transactional demand; their valuation is driven by speculative capital anticipating future utility, which regulators view as an investment return.

case-study
WHY MARKETING 'STABILITY' CREATES AN EXPECTATION OF PROFIT

Precedent & Parallels: Case Studies in 'Stability'

The promise of 'stability' in crypto is a powerful but dangerous marketing tool, often conflating technical immutability with financial return.

01

The UST Depeg: The 'Stable' Asset That Wasn't

Terra's UST was marketed as a stablecoin, but its algorithmic peg was a high-yield product. The ~$18B collapse proved that 'stability' was a marketing term for a leveraged bet on LUNA's price. This created an implicit profit expectation via 20% APY Anchor yields, not just price stability.

$18B
TVL Lost
99.7%
UST Depeg
02

MakerDAO's DAI: Stability Through Overcollateralization

DAI's stability is enforced by overcollateralization (e.g., 150%+ ratios) and governance-controlled fees. It avoids the profit promise of algorithmic models. Stability is a risk-managed utility, not a yield source. The expectation is preservation of value, not appreciation.

$5B+
Current TVL
0 DAI
Protocol-Owned Yield
03

Lido's stETH: The 'Liquid' vs. 'Stable' Conflation

stETH is a liquid staking derivative, not a stablecoin. Its 'stability' is pegged to ETH, but trades at a variable discount/premium on secondary markets. Marketing it as a stable asset for DeFi collateral created confusion, leading to events like the ~7% depeg during the UST contagion.

$30B+
Peak TVL
~7%
Max Historic Discount
04

Frax Finance: The Hybrid Model's Tightrope

Frax's fractional-algorithmic model uses a collateralized base (USDC) and an algorithmic component. It markets 'stability' while offering FPI for CPI-pegged returns. This blurs the line between a stable medium of exchange and a yield-bearing, governance-dependent asset, creating dual expectations.

$2B+
Peak FRAX Supply
~1.5%
Protocol APY (sFRAX)
future-outlook
MARKETING VS. MECHANICS

The Stability Mirage

Protocols that market 'stability' create a legal and systemic risk by implicitly promising a return, which their underlying mechanisms cannot guarantee.

Stability implies a price floor. Marketing a token as 'stable' conditions users to expect minimal downside volatility, a psychological anchor that transforms a speculative asset into a perceived low-risk instrument. This expectation is the foundation for the 'de facto yield' users demand, even from protocols like Lido or Rocket Pool that explicitly disclaim it.

Algorithmic stablecoins are the canonical failure. Projects like Terra's UST and Frax's early iterations marketed stability via algorithmic pegs, creating the expectation of a perpetual 1:1 dollar redeemability. Their collateralization mechanics failed under stress, proving that marketing narratives outpace economic design, leading to systemic collapse.

Liquid staking tokens face this trap. stETH and rETH are derivative claims on volatile ETH, yet their branding as 'liquid' and 'stable' versions of the underlying asset creates an expectation of correlated, low-volatility performance. This mismatch between marketing perception and derivative reality fuels redemption crises during market downturns.

Evidence: The stETH depeg in June 2022 demonstrated this. Despite being a non-custodial derivative, its 'stable' branding contributed to a panic when it traded at a 7% discount, as users treated the deviation not as a market inefficiency but as a broken promise.

takeaways
THE STABILITY TRAP

TL;DR for Builders and Investors

Stablecoins and LSDs market 'stability', but this branding creates a dangerous expectation of profit, conflating price-pegged assets with risk-free yield.

01

The Depeg is a Feature, Not a Bug

Marketing 'stability' sets a binary expectation: 1 or 0. In reality, all pegged assets have a non-zero depeg probability driven by collateral risk, oracle failure, or governance attack. The 2022 UST collapse was a ~$40B lesson in this. Builders must architect for graceful failure, not just peg maintenance.

~$40B
UST Implosion
>10
Major Depegs
02

LSDs: Staking Yield ≠ Risk-Free Rate

Liquid Staking Derivatives (LSDs) like Lido's stETH and Rocket Pool's rETH package staking yield as a 'stable' return. This obscures the underlying smart contract, slashing, and validator centralization risks. The yield is a premium for bearing consensus-layer risk, not a guaranteed profit. Protocols using LSDs as 'safe' collateral are building on a risk transfer mechanism.

$30B+
LSD TVL
~4%
Yield ≠ Guarantee
03

Regulatory Arbitrage is a Ticking Clock

Framing a token as a 'stable' medium of exchange invites scrutiny under securities law (the Howey Test). The SEC's cases against Ripple and ongoing actions show the line is blurry. A 'stable' asset promising yield via a treasury or algorithm is a prime target. This regulatory overhang caps institutional adoption and creates existential protocol risk.

100%
SEC Target Rate
$1.3B
Ripple Settlement
04

The Real Solution: Risk-Transparent Primitives

Stop selling stability. Build primitives that explicitly quantify and isolate risk. Think Ethena's sUSDe (explicitly hedged), Maker's DSR (clearly backed by RWA yield), or Aave's GHO (over-collateralized). Transparency turns risk from a marketing liability into a tradable parameter. Let the market price the depeg probability, don't pretend it's zero.

$2B+
Ethena TVL
0%
Illusionary Safety
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Why Marketing 'Stability' Is a Legal Promise of Profit | ChainScore Blog