WBK Industry - Federal Regulatory Developments

FTC Releases Advertising Disclosures Guidance for Online Influencers

The Federal Trade Commission (FTC) recently published a new guide, “Disclosures 101 for Social Media Influencers,” detailing the FTC rules for disclosing sponsorships to social media followers.

The new guide reminds social media users who work with brands to recommend or endorse products (“Influencers”) that disclosing the Influencer’s relationship with a brand or product may be required when making a recommendation.  Disclosure is required when the Influencer has any financial, employment, personal, or family relationship with a brand.

The guide specifies how and when Influencers should disclose a relationship in connection with a social media post, video, or live stream.  For example, the guide instructs Influencers to place the disclosure in a location where it is hard to miss and to use simple and clear language.  The guide also provides examples of what claims about a product are not permissible for Influencers to make.