... Apart from FTC endorsement guidelines for social platforms, there are FTC guidelines for communication as well. Under the FTC Endorsement Guidelines, it is acceptable for businesses to invite customers or other unrelated parties to post reviews about their products or services. When using ambiguous disclosures, include additional proper disclosure. Social influencers/brands should use #sponsored, #ad, #paid. as a clear and written overlay on the video. Mobile Apps. They were revised in 2009 and again, most recently, in 2015. Endorsements are an important tool for advertisers and they can be persuasive to consumers. ... Cor June 24, 2019 at 8:55 pm - Reply. The FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising are guidelines designed to help advertisers of all stripes – TV, print, radio, blogs, word-of-mouth marketing – make sure that they meet this standard. The FTC suggests using the hashtag #ad at the beginning of your Tweet or post; This only touches on the FTC disclaimer policy. If an entire Snapchat Story is sponsored, the disclosure should appear on the first Snap of the Story. Also, avoid verbally disclosing the sponsorship at the. Place the disclosure before the “more” button and at the beginning of the content description, if possible. In April 2017, the FTC sent 90 letters to influencers and marketers to educate them on these influencer marketing laws. Sponsored Snaps or Snapchat Stories must have #ad, #sponsored, or #paid written directly on sponsored content. Influencer Marketing Conference & Expo: What Marketers Need To Know About IMCX, In-House vs Agency? December 2, 2019 in FTC, FTC Disclosure Guidelines, FTC Endorsement Guidelines, FTC Guides, Social Media. Working with a reputable influencer marketing agency will ensure your influencer campaigns comply with FTC rules. Sponsored Snaps or Snapchat Stories must have #ad, #sponsored, or #paid written. Click here to learn more. Disclose sponsorship verbally at the beginning of the video and include disclosure in the video description in clear, unambiguous language. YouTubers/brands should use words or phrases that are clear and unambiguous, such as “This video is sponsored by…” and include sponsorship information above the “show more” button. #collab, or #ambassador. Rather, it should be used as a general guideline for making sure that sponsored content meets (to a reasonable degree) the FTC endorsement rules and regulations: As evidenced by the rich history of FTC violations and subsequent guideline updates, the FTC is attempting to clear the air once more to emphasize the importance of proper sponsorship disclosure. Want the help of industry pros to ensure your influencer sponsored content complies with FTC rules? Online 66 Nanci K. Carr* With global advertising expenditures on the rise, social media supports an increasing share of all advertising and endorsements and is subject to regulation by the Federal Trade Commission (“FTC”). If you endorse a product through social media, your endorsement message should make it obvious when you have a … “Thanks to…” or “Video made possible by…”. The FTC guidelines are publically available in the FTC Endorsement Guides at the US Government Publishing Office website. The policy behind the FTC Endorsement Guides is to ensure truthful advertising. or any other ambiguous hashtags that do not clearly communicate the sponsorship or fail to verbally disclose sponsorship if sponsored content is a video. Share 1. use ambiguous words or phrases such as #sp, #spon, #collaboration, “Thanks to…” or “Video made possible by…”. The FTC has offered more guidance in the past on what constitutes proper disclosure—the agency even published a simple Q&A to address marketers’ basic concerns—but the ever-changing nature of social media makes establishing a set of clear-cut rules nearly impossible. Written disclosures must employ clear wording, such as “This post is sponsored by…”. Required disclosures must be clear and conspicuous. Hyperlinks leading to disclosure should be consistent in style and placed with the right label. Category: Advertising and Marketing. The endorsement guidelines publicized by the FTC help bloggers, influencers, brands and agencies understand what is required of them when a company pays someone to promote / endorse their product. It’s necessary for brand marketers to understand and comply with Google and the FTC. Its primary authority was granted under the Federal Trade Commission Act. That means, among other things, that marketers who are compensated to promote or review a product should disclose it. It must be right there with the endorsement … The Guides provide Additionally, endorsements cannot be used to make an unsubstantiated claim that the product’s marketer could not make. Preferably design advertisements so that “scrolling” is not necessary in order to find a disclosure. On November 5, 2019, the United States Federal Trade Commission (“FTC”) issued a guide entitled “Disclosures 101 for Social Media Influencers” and a video “Do you endorse things on social media?” to alert influencers to the laws governing endorsement or recommendation of products or services and provide social media influencers with “tips on when and how to make good disclosures.” Under section 255.5 of the FTC endorsement guidelines, endorsers must “fully disclose” any connection between themselves and the brand “that might materially affect the weight or credibility of the endorsement.” Those that violate the FTC’s endorsement guidelines will be in violation of section 5 of the FTC Act. § 45. However, this is a good opportunity for businesses to evaluate their current marketing practices, especially if they utilize social media platforms and influencer endorsements. For example, a car brand would need to disclose that a short video on Instagram is an advertisement or paid endorsement when they pay a famous basketball player to drive in the brand’s car with his kids. 45) to the use of endorsements and testimonials in advertising. Hashtags. On November 5, 2019, the United States Federal Trade Commission (“FTC”) issued a guide entitled “Disclosures 101 for Social Media Influencers” and a video “Do you endorse things on social media?” to alert influencers to the laws governing endorsement or recommendation of products or services and provide social media influencers with “tips on when and how to make good disclosures.” Sponsored tweets must include #ad or #paid, preferably near the beginning of the tweet. Charli D’Amelio vs. Addison Rae: Who’s The Most Famous TikToker? To ensure that “material connections” between brands and influencers are clearly and fully disclosed, the FTC has put forth guidelines […] In addition, the FTC published three videos that outline how influencers should disclose their connection to a brand. The following infographic should not be taken as legal advice. The FTC works to stop deceptive ads, and its Endorsement Guides go into detail about how advertisers and endorsers can stay on the right side of the law.. In April 2017, the FTC reminded influencers and brands that these existing endorsement guidelines apply to them as endorsers and advertisers. 9 Wake Forest L. Rev. The Coming FTC Crackdown on Misleading Influencer Marketing . FTC Endorsement Guidelines 2019 [Infographic] UPDATED November 14, 2019 — The FTC’s endorsement guidelines for sponsored content rests on a simple assumption: consumers are likely to react differently to recommendations that come from trusted friends (or social media stars) than from people who receive compensation to endorse a product. When using the paid promotion tool, include additional proper disclosure. Additional verbal disclosure is also recommended. Disclose sponsorship at the beginning of the post description using #sponsored, #ad, or #paid (if disclosing sponsorship with hashtags) and by tagging the brand whenever possible. If the blogger was paid, it … The creator-friendly guidelines serve to inform influencers when and how to properly disclose endorsements to avoid deceptive advertising tactics along with some other helpful reminders. UPDATED November 14, 2019 — The FTC’s endorsement guidelines for sponsored content rests on a simple assumption: consumers are likely to react differently to recommendations that come from trusted friends (or social media stars) than from people who receive compensation to endorse a product. Canada Rolls Out FTC-style Endorsement Guidelines Beginning 2017. The FTC brought action against two popular YouTubers who violated endorsement guidelines by promoting the gambling site CSGO Lotto on their personal social media accounts from November 2015 to June 2016 without disclosing that they owned the website. Jun 16, 2018 - Don't risk violating FTC endorsement guidelines—use our infographic to ensure you properly disclose sponsored content in 2019: or any other hashtag that doesn’t clearly convey nature of sponsored content. Share 2. Related Videos. Last week, the Federal Trade Commission issued updated and clarified “endorsement guides” that govern so-called influencer advertising on social media. — FTC (@FTC) November 5, 2019 "That's because an endorsement is an advertisement that the influencer is making on the advertiser's behalf," Atleson says. Avoid using ambiguous phrases like “thanks to…”, attempting to hide written disclosures at the bottom of the video description, or failing to include written and verbal disclosure within the video itself. Let us create a custom campaign to fit your brand's unique needs. Currently, there's no direct action being taken to revise the FTC's endorsement guidelines. In addition, the Endorsement Guides let endorsers know that they shouldn’t talk about their experience with a product if they haven’t tried it, or make claims about a product that would require proof they don’t have. Do your own research and make sure you continue to look for updates on their policy’s and rules! Advertisers shouldn’t encourage endorsements using features that don’t allow for clear and conspicuous disclosures.”).. Written disclosures must also be visible, appear in a different color than the background color, occur at the top/beginning of sponsored social media content, and remain on the screen long enough to be read and understood (for written disclosures in videos). The guidelines themselves are the same ones the FTC has previously shared, but this time the regulator has made its guide more user-friendly with condensed language, fresh examples, and … While brand owners often benefit from the endorsement of online and social media “influencers,” such endorsements must not mislead consumers as to the relationship between the brand and individual endorsing the brand’s products or services. Jewelers Vigilance Committee President Tiffany Stevens said the news about the FTC seeking public comment was an “encouraging sign,” noting it indicates the FTC is prioritizing ensuring its guidelines are keeping up with the market. Other key elements of FTC disclosure guidelines include: Because every social media platform is different, the FTC has different endorsement requirements for sponsored content on YouTube, Instagram, blogs, etc. Use #[Brand]Sweepstakes in hashtags for contests and sweepstakes. The Guides are not regulations, and so there are no civil penalties associated with them. Ambiguous or unclear hashtags—#spon, #sp, #collaboration—should be avoided. In September 2017, the FTC launched its first foray into influencer marketing enforcement. Federal Trade Commission for the guidance of the public in conducting its affairs in conformity with legal requirements. Is that still an endorsement subject to the FTC’s Endorsement Guides? Simply stated, endorsements must not be misleading and reflect the honest opinion of the endorser. It’s an endorsement if the blogger is explicitly or implicitly expressing his or her views about the sports car (e.g., “I want this car”). What should businesses be doing in response to the FTC's statement? Coinciding with the FTC’s latest warnings, the commission has updated the FAQ-style explainer of its endorsement guidelines. The FTC’s Endorsement Guides, supra note 13 (“We realize that some platforms – like Facebook’s “like” buttons – don’t allow you to make a disclosure. November 4, 2019. Nick: Well, the FTC has actually published endorsement guidelines that apply generally to anyone who markets and endorses products. , and must be accompanied by additional proper disclosure hashtags if used. In 2019, several e-cigarette companies ran afoul of the FTC when paid influencers pitched their vaping products on Facebook, Instagram, Twitter, and YouTube. Verbally disclosures must come as close to the beginning of videos, podcasts, or other sponsored content as possible. Specifically, the Guides address the application of Section 5 of the FTC Act (15 U.S.C. § 45(l). The penalty for violating the FTC endorsement guidelines is a monetary fine up to $10,000 for each incident, and any other equitable relief granted by a District Court. The FTC has responded with efforts to clarify its endorsement and disclosure guidelines, all in the name of protecting consumers. FTC cases challenge bogus influencer metrics and fake reviews, Green Lights & Red Flags: FTC Rules of the Road for Business, In Short: Advertising & Privacy Disclosures in a Digital World, Majority Statement of Chairman Joseph J. Simons and Commissioners Noah Joshua Phillips and Christine S. Wilson Regarding Final Approval of the Sunday Riley Settlement, Statement of the Commission in the Matter of Teami, LLC, Keynote of Commissioner Noah Joshua Phillips at ANA/BAA Marketing Law Conference - The FTC and the Digital Marketplace: Highlights from the Last Year, Statement of Commissioner Chopra Joined by Commissioner Slaughter Regarding Sunday Riley, Alo, LLC d/b/a Alo Yoga (endorsement claims), Commission Enforcement Policy Statement on Deceptively Formatted Advertisements, Better Business Bureau’s National Advertising Division Annual Conference Keynote Address, Remarks at the Association of National Advertisers’ Advertising Law & Public Policy Conference, Statement of Chairwoman Edith Ramirez, Commissioner Julie Brill, and Commissioner Terrell McSweeny - Federal Trade Commission v. Genesis Today, Inc., Pure Health LLC, and Lindsey Duncan, Keynote Address of Chairwoman Edith Ramirez, A Type of Amplified Word of Mouth Marketing, FTC Policy Statement Regarding Advertising Substantiation, Commission Enforcement Policy Statement Regarding Clear and Conspicuous Disclosures in Television Advertising, Statement in Regard to Advertisements That Appear in Feature Article Format, Blurred Lines: An Exploration of Consumers’ Advertising Recognition in the Contexts of Search Engines and Native Advertising: A Federal Trade Commission Staff Report, Effects of Consumer Testimonials in Weight Loss, Dietary Supplement and Business Opportunity Advertisements (the Second Endorsement Study), The Effect of Consumer Testimonials and Disclosures of Ad Communication for a Dietary Supplement (The Endorsement Booklet Study), Use of Endorsements and Testimonials in Advertising, Divulgaciones 101 para influenciadores de los medios sociales, The FTC’s Endorsement Guides: What People Are Asking, Consumer Review Fairness Act: What Businesses Need to Know, Native Advertising: A Guide for Businesses. And they cover, you know, anything that's an advertisement or an endorsement. For Instagram Stories, disclosure should be superimposed on the image. Influencer FTC Guidelines IZEA July 24, 2019 Influencer endorsements on social media have dramatically changed the world of native advertising over the past decade. FTC DOT COM ONLINE ADVERTISING DISCLOSURE GUIDELINES The Federal Trade Commission enforces consumer protection laws to ensure that products and services are described truthfully online, free of deception and unfair practices as prohibited by the FCT Act. CMWorld 2019 experts offer tips on creating with empathy, pitching martech purchases and helping sales; FTC Endorsement Guidelines: Social Media Dos and Don’ts. It’s not as if they don’t already have standards and guidelines, but soon it should be made more clear since The Deceptive Marketing Practices Digest, Volume 1 doesn’t seem to have brought about the level of transparency it expected. 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