Social Media Influencers Legal FAQs
Can a business have an influencer post content that the business created?
Can a business offer a discount to customers in exchange for writing positive reviews about its products on a third-party platform?
Should a business pre-approve what an influencer posts on social media?
Does a business need to monitor what an influencer says on platforms where they are not paid to post?
Is it an endorsement if an influencer tags a brand that they wear without commenting on it?
Is it an endorsement if an influencer says that they want a product that they don’t currently own or possess?
Does an influencer need to make a disclosure if they voluntarily endorse a product on a social media platform after being paid to endorse it on another platform?
If a social media platform has a built-in tool for disclosing endorsements, is that good enough?
Does a disclosure need to contain certain words?
Does an influencer need a disclosure when they get a very small incentive from a business?
Does an influencer need to disclose the exact payment or incentive that they got?
Does an influencer need a disclosure if their review of a product is not 100% positive?
Does an influencer need a disclosure when a business lends them a product that they eventually need to return?
Does an influencer need a disclosure when they criticize a competitor of a business working with them?
Does an influencer need a disclosure if they’re confident that an incentive does not affect their opinion of a product?
Does an influencer need to keep making disclosures when they have already disclosed their relationship with a business several times?
Is an influencer liable if a business changes their content after they create it so that it is deceptive?
Should a disclosure be in English even if the endorsement is not in English?
Do the FTC guides apply to influencers who live outside the U.S?
Yes, a business can have an influencer post content that the business created, as long as the content accurately reflects the experiences and opinions of the influencer. A business should be especially careful when asking multiple influencers to post the same content, since it might not accurately reflect the experiences and opinions of all of them.
No, a business cannot make a discount conditional on a positive review. However, they can ask their customers to provide honest reviews of the product after they have used it.
A business may want to consider setting up a pre-approval process of paid social media posts. This allows a business to monitor for any disclosure problems or other false advertising issues in advance, especially if they cannot regularly monitor the content once it is posted.
A business does not technically need to monitor what an influencer says on platforms where they are not paid to post. If the business finds out that an influencer is violating FTC guidelines on another platform, though, they should address that issue.
Yes, it is an endorsement if an influencer tags a brand that they wear without commenting on it. If they have a relationship with the brand, they probably need to make a disclosure.
Yes, it is an endorsement if an influencer says that they want a product that they don’t currently own or possess. If the business gave them a payment or incentive to make this post, they should disclose that relationship.
Yes, an influencer still needs to make a disclosure if they voluntarily endorse a product that they were paid to endorse on another platform. Consumers still should know about their relationship with the business, even though they are not being paid for that particular post.
A built-in tool for disclosing endorsements might or might not be good enough. An influencer should not just assume that using this tool brings them into compliance with the FTC guides. They remain responsible for their disclosures and cannot shift that responsibility to the social media platform.
No, a disclosure does not need to contain certain words. It should be presented in a direct and straightforward way so that most people can understand it.
An influencer might not always need a disclosure when they get a very small incentive from a business, but there is no clear rule here because the standard is whether the incentive would affect the weight that the endorsement would hold with consumers if they knew about it. When in doubt, an influencer should disclose the incentive.
An influencer probably does not need to disclose the exact payment or incentive, unless it somehow would affect the weight or credibility of the endorsement.
Yes, an influencer needs a disclosure even if their review of a product is not 100% positive. If they received a payment or incentive from the business for the review, consumers should know about the payment or incentive.
An influencer might need a disclosure when a business lends them a product that they eventually need to return, especially if the product has a high value and the influencer keeps it for a significant amount of time.
Yes, an influencer probably needs a disclosure when they criticize a competitor of a business working with them. Consumers might view these criticisms differently if they know that the influencer is being paid or incentivized by a competitor of the business being criticized.
An influencer probably needs a disclosure even if they’re confident that an incentive does not affect their opinion of a product. Consumers might see their recommendation of the product differently if they knew about the incentive. They have no way of knowing whether it actually affected the influencer’s opinion.
Yes, an influencer should keep making disclosures even if they have already disclosed their relationship with a business several times. Some followers might not have seen the previous posts.
No, an influencer is not liable if a business changes their content after they create it so that it is deceptive. They may want to ask the business to stop using that content and even report the business to the FTC or other consumer protection authorities.
No, a disclosure should be in the same language as the endorsement. It needs to be easily understandable by the same consumer audience whom the endorsement is targeting.
The FTC guides apply to influencers who live outside the U.S. if they post content that likely would be seen by consumers in the U.S. The influencer also might be subject to parallel rules in the country where they live.