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66

|

JUNE 2017

|

THINK

by

Jen Alexander

Avoid scrutiny by ensuring

influencers clearly state

their connection to

your brand.

Instagram, Facebook and other social

media outlets make giving shout-outs

to your brand so easy. But if you’re

incentivizing brand ambassadors to

sing your praises, the Federal Trade

Commission has some stern words for

you: full disclosure is required.

The FTC’s Endorsement Guide

is just as applicable to social media

influencer posts as it is to print or

broadcast advertisements. Recent

concerns expressed by nonprofit

consumer advocacy group Public

Citizen led to the commission sending

a series of warning letters to a group

of endorsers and brands that failed to

state their connections in a reasonable

manner through social media posts.

The guide states that if a material

connection exists between a brand and

an endorser, that connection needs to

be conspicuously and clearly elicited

by both parties. This means if an A-list

celeb touts the wonders of your latest

product or service on Twitter, a simple

#IgotpaidbybrandX tacked on to the

end of the post will not suffice.

The FTC rules, in a nutshell:

Disclosure is mandatory.

Audiences must be able to

understand clearly the relationship

between an influencer and a brand.

Disclosures are required when influencers

receive any form of compensation such

as payment or product, tickets, discounts

or invitations. Recommended language

includes ‘Ad’ or ‘Sponsored’.

Disclosure must be clear,

visible and close to each

applicable message.

Diclosures must be on the same page as the

sponsored content, or within a user’s feed.

Additionally, each message in a campaign is

required to have its own disclosure.

All posts must be

honest and accurate.

Sponsored posts from influencers

must represent the brand truthfully; no

brand can permit or encourage false

or inaccurate claims about a product

or service.

Disclosure must be

within the same

medium of the post.

Text disclosure in blogs is acceptable, but

video testimonials require disclosures to be

stated at the start of a clip and included in

title text under the video.

Disclosure must be placed

before linking off the page.

If viewers or readers are being asked to

navigate away from the page, disclosure

statements must be included ahead of the

link, and before any truncated text.

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BRANDABLE

Say It Loud, Say It Proud