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Understanding FTC Guidelines for Influencers: Compliance and Best Practices

Learn key FTC disclosure requirements for influencers, including sponsored content, affiliate links, and branded content tools to ensure legal compliance and transparency in social media marketing. This presentation was originally given at the FAACT Food Allergy Summit in November 2024, hosted by the Food Allergy & Anaphylaxis Connection Network in Oak Brook, IL. To learn more, visit http://www.voronyx.com

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Influencer Marketing•
Know the Facts about FTC Guidelines FAACT Allergy Summit - November 2024
Missy Voronyak Influencer/Social Media Expert Founder, Voronyak Consulting Agency + In-House Experience Healthcare Focus 4 kids + 3 dogs + 1 husband Food Allergy Mom + LGBTQIA+ Ally
This presentation is intended for educational purposes only and does not constitute legal advice. Please consult an attorney regarding your specific contract or legal questions.
The FTC released disclosure guidelines for online influencers in November 2019, and updated their official guidelines in 2023. (links in resources) Influencers are required to disclose a financial relationship with a company, which means any exchange of value, such as money, gifts, gift cards, in- kind products, meals and travel expenses. The Federal Trade Commission (FTC) requires clear and conspicuous disclosure of a financial relationship on all relevant blogs, social media posts, podcasts, comments and more. Disclosure is Key to FTC Compliance
The words Ad or Sponsored must be used at the top of social media posts, the phrase Paid Partner is also acceptable. Hashtags are not required -- You can use these words in a sentence to feel more authentic to your voice. Best practice is to include the sponsoring company on all sponsored posts if it is not already obvious. The words spon, thank you, partner and ambassador are not sufficient, even when combined with company or product name. You can use partner or ambassador if in combination with the required disclosure words. What is Clear and Conspicous Disclosure?
If you use an affiliate link in a non-sponsored post, you must disclose as such. #affiliate or #affiliatelink is not adequate disclosure "This post contains affiliate links. I may earn a commission if you make a purchase through these links." If you use an affiliate link in a sponsored post, you do not need to also state the link is an affiliate link if you have proper sponsorsed disclosure Gifts Facebook, Instagram, TikTok and LinkedIn require influencers to use their “Branded Content Tool” for partnership transparency Influencers must use the tool to tag the sponsor, and it will appear at the top of the post. This is a platform requirement and does not meet the FTC requirements The FTC considers "#gifted" on its own to be inadequate because it doesn't clearly explain who provided the gift "Gifted by XYZ Brand" is better than "#gifted" The FTC recommends using more explicit phrases like "Thanks to ABC Company for the free product" The disclosure should be placed prominently at the top of the post Affiliate Links Branded Content Tools
Brands are Responsible to Set expectations that an influencer must disclose financial relationship/material connection in ALL posts, even “value added” content Give clear direction on what qualifies as proper disclosure Review posts to ensure proper disclosure Ask influencers to make edits to posts, if needed, for compliance Tips Put all communications about disclosure in writing If contracting, include disclosure requirements in contract and consider asking to review post drafts before publishing to ensure compliance
Influencers are Responsible to Use proper disclosure, regardless of if a brand requests you to or requests you not to Keep disclosure on the post the entire time the post is published - you cannot remove disclosure later Include disclosure on any comments, posts or other mentions of the brand (speaking, podcasts) beyond the contracted posts (during the contract term) Tips Consider telling your followers if something is NOT sponsored so they know you are a credible and always disclosing Remember affiliate posts (amazon, etc.) require disclosure
POP QUIZ!?! Are these posts FTC compliant?
Thank You Contact: Missy Voronyak 612-597-9476 missy@voronyx.com voronyx.com