Influencers, if you ever wished you had a handy brochure on how to make proper disclosures in your sponsored posts, you are in luck. On Tuesday, the FTC issued a new guide titled “Disclosures 101 for Social Media Influencers,” along with three videos, that lays out the agency’s guidelines for when and how influencers should disclose their connection to a brand. The principles are nothing new, but they are explained in a way that is straightforward and user-friendly, complete with hearts and thumbs-up emojis. Some of the principles that are covered include:

  • If you endorse a product on social media, you need to make it obvious when you have a relationship with the brand — whether it be a personal, family, employment, or financial relationship (eg., the brand pays you, or you get free or discounted products).
  • As an influencer, it is your responsibility to make endorsement disclosures and to be familiar with the FTC’s guidelines.
  • The disclosure should be hard to miss and placed within the sponsored post itself. It shouldn’t be mixed into a string of hashtags (for example, #Venable #AllAboutAdvertising #Ad #GOAT), and if the endorsement is in a picture or video format, the disclosure should be superimposed on the image itself and/or verbally disclosed throughout the footage.
  • The disclosure should be in simple and clear language. Terms like “ad,” “sponsored,” “BRAND Partner,” and “BRAND Ambassador” are OK; shorthand references (eg., “sp,” “spon,” or “collab”) and stand-alone terms (e.g., “thanks” or “ambassador”) are not OK.
  • Your post must be truthful. Don’t lie and say that you’ve tried a product when you haven’t actually tried it, or that a product is great if you thought it was terrible.

And although this isn’t mentioned in the guide, keep in mind that the FTC is “following” influencers closely, as evidenced by its previous warning letters and complaints, and now the publication of this guide. If you are an influencer, make sure to familiarize yourself with the agency’s rules; if you represent a brand that works with influencers, send them a copy of the guide and double-check that its principles are consistent with your own internal compliance policy. Doing so will help keep you and your influencers on the right side of the law — and on the right side of the FTC.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Alexandra Megaris

Alex Megaris focuses on complex regulatory investigations and government enforcement matters involving state attorneys general, the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), state regulatory agencies, and the U.S. Congress. Alex also works closely with Venable’s government affairs team in…

Alex Megaris focuses on complex regulatory investigations and government enforcement matters involving state attorneys general, the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), state regulatory agencies, and the U.S. Congress. Alex also works closely with Venable’s government affairs team in advocating for clients before these agencies. She has extensive experience with consumer protection laws, such as state unfair, deceptive and abusive practices (UDAAP) laws, the FTC Act, the Consumer Financial Protection Act, the FTC’s Telemarketing Sales Rule, and product-specific regulations, including those regulating credit reporting, loan servicing, and debt collection.

Photo of Leonard L. Gordon Leonard L. Gordon

Len Gordon, chair of Venable’s Advertising and Marketing Group, is a skilled litigator who leverages his significant experience working for the Federal Trade Commission (FTC) to help protect his clients’ interests and guide their business activity. Len regularly represents companies and individuals in…

Len Gordon, chair of Venable’s Advertising and Marketing Group, is a skilled litigator who leverages his significant experience working for the Federal Trade Commission (FTC) to help protect his clients’ interests and guide their business activity. Len regularly represents companies and individuals in investigations and litigation with the FTC, state attorneys general, the Department of Justice (DOJ), and the Consumer Financial Protection Bureau (CFPB). Len also represents clients in business-to-business and class action litigation involving both consumer protection and antitrust issues. He also counsels clients on antitrust, advertising, and marketing compliance issues.