The Ethics of Influencer

Marketing

- FTC Guidelines

INTRODUCTION

Jamie Lieberman

@hashtaglegalllcDanica Kombol

@danicakombol

TODAY’S WORLD

TODAY’S AGENDA

Review FTC Guidelines

Demystify what they cover

Do’s and Don’ts

Contests & Promotions

Steps you can Take

YOU DON’T WANT TO BE THAT PERSON

Pullscanfromthispage-https://www.ftc.gov/news-

events/press-releases/2017/04/ftc-staff-reminds-influencers-brands-

clearly-disclose

FYRE FESTIVAL

WHAT ARE THE FTC GUIDELINES?

F.T.C. Act, require the “clear and conspicuous

disclosure” of connections “that might affect

the weight or credibility that consumers give

an endorsement.” Such a connection could be

a result of, “a business or family relationship,

monetary payment or the gift of a free

product.”

WHAT THE FTC GUIDELINES SPELL OUT & WHAT THEY DON’T

“We’re not prescriptive

about that,” said Mary K.

Engle, the F.T.C.’s

Associate Director for

advertising practices.

“But it has to be

unambiguous.”

IT’S A JUDGEMENT CALL

“THE MOM TEST”

DO’S AND DON’TS

DO…

• In proximity to message

• Use #AD, #Sponsored, or #(BrandName)Partner

• Place the disclosure before you can navigate

away from the post,

• With each & every message

• Feature it visually & spoken for video

DON’T…

• Bury disclosure in a string of hashtags

• Use ambiguous hashtags (#SP or #partner)

• Place disclosures in small print or at the bottom

of a post

• Feature in profile or use an umbrella disclosure

• Make readers or viewers look too hard

IT’S OUR RESPONSIBILITY…

• Provide clear guidelines to the

influencers in the form of a contract

• Give the influencers sample or

required language,

•Monitor the disclosures

• Take corrective action if need be

FTC “NO FLY” LIST OF DISCLOSURES

#DISCLOSURES

ONLY SEEN IF

YOU CLICK

MORE

#SP

#AMBASSADOR

#PARTNER

#SPON

#COLAB

OH AND DID WE MENTION

• Space constraints are not an excuse!

• Disclosures have to travel with the

message! (not 1 out of 3)

•Must be clear enough that my mom

would know this is a sponsored

message

STEPS YOU CAN TAKE AS AN AGENCY

EDUCATE YOUR TEAM.

WWW.WOMMA.ORG

SEEK LEGAL GUIDANCE

CONTESTS AND PROMOTIONS

•Sweepstakes

•Contests

•Lotteries

•Rule Basics

WWW.EVERYWHEREAGENCY.COM

WWW.HASHTAG-LEGAL.COM

Let’s Discuss!