We’ve blogged several times about the need to disclose when social media posts by endorsers, particularly celebrities, have been paid for. And there has been lots of guidance and discussion about how best to do that, particularly in shorter form media such as Twitter. For example, “The FTC’s Endorsement Guides: What People Are Asking” provides broad direction. While the FTC does not mandate specific disclosure language, it suggests directing influencers to use “#sponsored,” “#promoted,” “#paidad,” or “#ad,” which eat up as few as 3 of your 140 characters. The FTC’s goal is for companies to provide clear and conspicuous disclosure of sufficient information for consumers to evaluate the true source of sponsored native advertising content.
Leave it to the Kardashian clan, however, to come up with an even more novel way of complying with the FTC’s disclosure requirements. This social media post by Scott Disick, the father of Kourtney Kardashian’s children caught our eye and we couldn’t resist blogging about it.
His sponsored Instagram post also included the “how-to” instructions from the agency for posting the content, as well as the time it should be posted. Interestingly the suggested posting itself does not appear to contain any disclosure so perhaps it’s just as well the instructions were included, though perhaps some clever lawyer will argue that some consumers might think this wasn’t a sponsored post – that Scott had simply written himself a reminder.
Just remember, as we’ve said many times before, to keep your social media programs from giving you legal headaches – disclose, monitor and take corrective action when needed.
*Kristin Adams is a Summer Associate and is not yet admitted to practice law.