#Sponsored Posts Do’s and Don’ts of social media
If you have ever received free products, a discount code, or a sponsorship deal then you have to follow Federal Trade Commission guidelines. Even if you don’t consider yourself an influencer or brand ambassador, you probably are and can get into major trouble for not following the laws of the land.
Did a sneaker company give you some free kicks?
Did a brand send you some cookies to eat on air?
Did you recently sign an Name, Image, & Likeness deal for social media posts?
If you answered yes to any of these questions, then you have to disclose your brand relationship if you want to post about it on social media.
The Federal Trade Commission essentially protects consumers from unfair and deceptive practices in the marketplace. They have been putting out guidelines for social media best practices for a few years.
I have seen a lot of popular influencers and sponsored athletes breaking these rules and unfortunately the FTC will be looking to make an example out of someone, don’t let that be you. No one wants to get hit with an FTC fine, that’s money you could be using somewhere else.
It is up to YOU to follow the rules, there is no “oops I didn’t know” defense here. You are the boss of your disclosures, so boss up.
Do you have a material connection to the brand?
A material connection can be personal, family, or employment relationship or a financial relationship – such as the brand paying you or giving you free or discounted products or services.
If this applies to you, then you have to disclose your relationship to the brand.
Financial relationships means you received anything of value to mention the product. This could be free or discounted product and you must disclose this relationship even if the brand didn’t ask you to do that in exchange for the product. If you go onto social media or write a blog post about the product, then you have to mention you received the product from the brand. The below are reminders from the FTC about disclosures:
Keep in mind that tags, likes, pins, and similar ways of showing you like a brand or product are endorsements.
If posting from abroad, U.S. law applies if it’s reasonably foreseeable that the post will affect U.S. consumers. Foreign laws might also apply.
If you have no brand relationship and are just telling people about a product you bought and happen to like, you don’t need to declare that you don’t have a brand relationship.
How do I disclose a relationship?
Place it so it is hard to miss. Placing the disclosure at the beginning of your post is best and placing it before the Click More section of the caption is crucial.
Place it within the endorsement message itself. On profile pages or at the end of posts or videos is simply not enough.
Make sure viewers have enough time to read it. In Snapchat or on Reels and TikTok, it is vital the endorsement is able to be read and understood by the audience.
Videos need disclosures during the video and not just in the uploaded description. Viewers are more likely to comprehend the endorsement message in both audio and video.
Live stream disclosures need to be repeated periodically throughout the stream.
Use simple and clear language like #Ad #Sponsored #Advertisement
The platform disclosure tool (ie Paid Partnership on Instagram) might not be enough.
What are some things I most definitely shouldn’t do?
Don’t talk about your experience with a product if you haven’t tried it.
Don’t talk about a product you hated and say it is great.
Don’t make up claims about a product that requires proof an advertiser doesn’t have like scientific proof a product helps you lose weight.
For instance, I am a fan of all of Zoe Roe’s posts, but I don’t believe her #wavylookpartner in the hashtags would be enough to satisfy the FTC requirements.
This comment on the video shows that so many people have experienced influencers or ambassadors talking about products they don’t use or have no actual connection to which is exactly the kind of behavior the FTC is looking to mitigate. Don’t get caught in the hype of building your brand so quickly you build it on a shaky foundation.
If you need help building your brand the right way and have questions please reach out to me so we can schedule a consulting call. You can book your call here: https://www.yourpotentialforeverything.com/booknow
Disclaimer: This article is a resource intended for educational and informational purposes, it does not constitute legal advice, and should not replace hiring an attorney in your area if you need one.
Resources: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
https://www.ftc.gov/tips-advice/business-center/guidance/disclosures-101-social-media-influencers