Social media law 101 |
Influencers & endorsements
The Federal Trade Commission’s Endorsement Guides have been around for decades but were updated in 2013 to include bloggers, celebrity endorsers and social media influencers. The FTC has been very clear that the the same consumer protection laws that apply to traditional media apply online. The primary legal issue when working with endorsers revolves around disclosure. Disclosure is required to help consumers determine whether an endorser has a material connection to the brand about which they’ve produced content.
The Endorsement Guides requires that any financial relationships between brand and endorser be “clearly and conspicuously” disclosed. To make a disclosure clear and conspicuous, endorsers should follow the guidelines mentioned under false advertising.
Remember that image size or character count limitations on social do not relieve brands from following these guidelines. The FTC recommends using #ad or #sponsored on short-form networks like Twitter.
Whether you work with a handful of influencers or a network of bloggers, brands must remember that you are ultimately responsible for what others do on your behalf. Your brand is responsible for training and monitoring these endorsers, even if they are contracted through an influencer or public relations firm. This should include providing a list of what they can and can’t say about your products or services. It’s recommended you also periodically monitor your endorsers to ensure they are following the guidelines. Both the blogger and the brand have liability. Advertiser has liability for an endorser’s failure to disclose material connections. Endorser has liability for failure of advertiser to substantiate claims.
The Endorsement Guides requires that any financial relationships between brand and endorser be “clearly and conspicuously” disclosed. To make a disclosure clear and conspicuous, endorsers should follow the guidelines mentioned under false advertising.
Remember that image size or character count limitations on social do not relieve brands from following these guidelines. The FTC recommends using #ad or #sponsored on short-form networks like Twitter.
Whether you work with a handful of influencers or a network of bloggers, brands must remember that you are ultimately responsible for what others do on your behalf. Your brand is responsible for training and monitoring these endorsers, even if they are contracted through an influencer or public relations firm. This should include providing a list of what they can and can’t say about your products or services. It’s recommended you also periodically monitor your endorsers to ensure they are following the guidelines. Both the blogger and the brand have liability. Advertiser has liability for an endorser’s failure to disclose material connections. Endorser has liability for failure of advertiser to substantiate claims.