FTC Disclosures are communication guides concerning the use of Endorsements and Testimonials in Advertising

What do FTC Disclosures mean for Influencers/Bloggers/Content Creators?

If you are a Content Creator, Blogger or Influencer, your Contract with the Brand will require you to make FTC Disclosures. What does this mean? The Federal Trade Commission (or FTC) regulates advertisements, testimonials and endorsements. One of the areas of regulation is how the Content Creator represents their paid partnership deal to the follower/consumer. The follower/consumer must know that there is a material connection between the Brand and the Content Creator. Material connection means that the Content Creator received payment or other consideration for speaking about the Brand.

How to make proper FTC Disclosures

• The disclosure must be prominent and must be on every post
• If using a hashtag (e.g. on Instagram or Twitter) the disclosure must be the first hashtag and must be visible without the consumer having to click “more” to see it.
• For longer posts (e.g. blogs or Facebook) the disclosure must be a written statement in the first sentence of the post
• For Videos (e.g. Youtube) the disclosure must appear both before the consumer clicks to view and the beginning of the video itself. It may also be spoken. The disclosure must appear as a super for those who may watch the video without sound.
• For Affiliate Marketing/Commissions, the disclosure must be clearly and conspicuously disclosed in close proximity to the affiliate link.

Additionally, your endorsement must be honest and reflect your own opinions, findings and experiences about the product and Brand. You cannot make false or unsubstantiated claims about any of the products or services.

FTC Disclosures are set in place to protect the consumer. Should you fail to make proper disclosures, both the Brand and you may be fined by the FTC. For further information about FTC Disclosures and advice on best practices, you may contact our law firm for a free consolation. You may call us at (818) 291-6440 or email us at [email protected].

For further reading and examples of proper and improper disclosures you may follow this link. https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf