How to Comply with FTC Social Media 'Influencer' Rules


While brands and social media influencers typically love to have followers, there is one most hope to avoid: the Federal Trade Commission. The FTC has made it clear that it is watching activity in social media channels, and that it is prepared to take action against both advertisers and influencers if “material connections” between an influencer and any promoted product or service are not clearly and conspicuously disclosed.

Given the FTC’s increased attention to noncompliant social media posts, it is likely a question of when, not if, additional advertisers and social media influencers will be targeted in formal enforcement actions.

Although the FTC is operating without a full slate of commissioners and juggling competing priorities with limited resources, it has maintained a focus on influencer marketing. While some of that focus involves providing guidance — such as the release of an updated set of FAQs answering 20 new questions about whether and how social media influencers should make disclosures in their social media posts — the FTC has also signaled it is prepared to take action to ensure that marketers and businesses understand their legal obligations.

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