The U.S. Federal Trade Commission ("FTC") continues to
focus on influencer advertising, as part of its consumer protection
mission. On November 5, 2019, the FTC released an instructive
"Disclosure 101" Guide and "Advice for Social Media
Influencers" video to help influencers understand their legal
obligations when they are spreading their influence through social
media posts, videos, or other media channels. Links to the Guide
and Video are here.
In plain, non-legal language, these materials remind influencers
that they have a legal obligation to make sure that their messaging
is not deceptive. While the legal obligations of advertisers
and influencers/endorsers are addressed in the more formal FTC
Endorsement Guides, at 16 CFR Part 255, the new FTC releases are
succinct guides intended for non-lawyer influencers, vloggers,
bloggers and the like. They are good refresher resources for
advertisers and brand owners as well.
