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🚨 New must-read for all influencer marketers! 🚨 Today on Sprout Social's blog, Jasmine Williams dove into the balancing act of running influencer campaigns that are engaging and FTC-compliant in this new era of regulated influencer marketing. TLDR: It’s all about ensuring partnerships feel natural and stay transparent to increase trust and avoid hefty fines. Key Takeaways: 1️⃣ Transparency is a must: Influencers must clearly disclose any “material connections” (payments, free products, discounts) upfront. 2️⃣ Do’s and don’ts: Use straightforward terms like #ad or #sponsored. Avoid vague language (ie: “collab”) or hiding disclosures in captions. 3️⃣ Platform-specific rules: Each platform has unique policies (ie Instagram’s “Paid Partnership” label, YouTube’s on-screen disclosures). 4️⃣ Why it matters: Transparent disclosures build trust, while non-compliance can result in fines, legal fees, and consumer backlash. 💡 Jasmine also shares how compliance enhances audience trust and provides actionable tips to keep campaigns authentic and on-brand. 👇🏽 Full article below. Big thanks to Jasmine for sharing these valuable insights!

🚨 Buying UGC on Fiverr? Stop and read this first: The FTC’s new ban on fake endorsements is officially here, and services offering scripted reviews or “authentic-looking” testimonials are now a compliance disaster waiting to happen. Unfortunately, Fiverr’s marketplace is full of them. In my latest article, I explore the serious risks brands face when buying UGC on Fiverr, including: 🚨 Fines of up to $43,792 per piece of content 🚨 Services promising “authentic” endorsements from creators who likely haven’t even tried the product 🚨 The erosion of consumer trust when customers realize a brand’s glowing testimonials were fabricated 💡 The FTC isn’t wasting time. Enforcement has already begun, with a landmark investigation into Drunk Elephant by the National Advertising Division (NAD) earlier this month -- a clear sign of the severity of these penalties. But don’t panic. There’s hope. I’ve outlined safe alternatives to help brands navigate the post-FTC crackdown, stay compliant, and thrive with creator-led marketing. 🔗 Read the full article below. #marketingcompliance #ugc #ftcregulations #fiverr #consumertrust #bbb #influencermarketingcompliance

🚨 Breaking News: NAD Case Against Drunk Elephant Sets a Precedent After FTC’s New Ban on Fake Endorsements Effective Oct 2024 Earlier this month, the National Advertising Division (NAD) ruled on a case against Drunk Elephant’s social media practices, just weeks after the FTC’s landmark ruling banning fake influencer endorsements took effect in October. This case emphasizes the heightened scrutiny brands are facing under the new regulations. 🔍 What Happened? NAD reviewed influencer posts for Drunk Elephant and found issues with: 1️⃣ Undisclosed Paid Partnerships: Influencers on TikTok promoting Drunk Elephant’s products without proper disclosure. 2️⃣ Safety Claims for Kids: Unverified claims about certain skincare products being “safe for kids and tweens.” 🛑 Why It Matters: This case demonstrates that the FTC isn’t the only watchdog. NAD is actively enforcing compliance and has the authority to escalate cases to the FTC if brands don’t cooperate. With both agencies working together, brands must be more vigilant than ever. 👇🏽 Read the full article to learn more about this precedent-setting case and essential takeaways for your brand. #influencermarketing #ftccompliance #brandsafety #NAD #BBB #FTC #transparency #compliance #marketingnews #advertisingstandards #adlaw

Experts from Warner Bros., The BBB's Children's Advertising Review Unit (CARU), and SuperAwesome Reveal Essential Insights on FTC Compliance in Kids' Influencer Marketing & Digital Advertising... In the wake of evolving regulations like COPPA 2.0 and the FTC’s 16 CFR Part 465 effective October 2024—with fines reaching $43K per violation—brands targeting young audiences need strategies that prioritize safety, transparency, and compliance. Discover how industry leaders are navigating children’s advertising compliance, protecting data privacy, and staying ahead of the latest FTC guidelines. 👇🏽 Read the full article here:

🤓 HUGE honor to to meet and learn insider tips from Hershey’s, Clorox, and Beiersdorf (Nivea, Eucerin, Aquaphor) leaders on how they're navigating new FTC rules and safeguarding consumer trust in influencer marketing!! Top learnings below: 1️⃣ Do your homework on influencer values: “Brand reputation can be lost in a heartbeat,” shared Angela Wilson Senior IP Counsel at Hershey. Angela stressed the need for in depth due diligence: “Before you sit down with an influencer partner, know them better than they know themselves. Understand their social footprint and the other organizations they align with.” Angela reminded us that values misalignment can be disastrous, as one off-color comment could trigger a media frenzy. 2️⃣ FTC compliance is not just a casual checkbox Brad Harri , Corporate Counsel for Clorox, underscored the need for influencers to meet specific regulatory standards. “It’s quite the regime,” he noted, adding that influencers must use exact phrases like, "when used as directed on hard, non-porous surfaces" to remain compliant with EPA regulations. With the FTC’s new $43k fine per violation which went into effect in October, 2024, Brad emphasized, “You have to ensure influencers understand these rules as well as your legal team does.” 3️⃣ Ironclad contracts are important but not enough Monique Forrest, Head of North American Legal Affairs at Beiersdorf, discussed essential contract elements, like morals clauses and takedown rights. “Influencers want flexibility, but we need to see content first,” she explained. Monique recommended phasing payments to retain leverage if an influencer veers off course, ensuring brands stay in control of messaging. 4️⃣ Educate both influencers and agencies “We give influencers specific language they can use and contrasting examples of what not to say,” explained Monique. “Whether they’re talking about sunscreen or eczema treatments, it’s essential they don’t stray into claims outside of regulatory guidelines.” Monique added that brands should provide agencies with product briefings to ensure compliance long before content goes live. “Your agency needs to be as knowledgeable on your product regulations as your in house team.” Final thought: in a landscape where one oversight can lead to a $43,792 fine -- and even more importantly, overnight PR crises and brand reputation disasters-- compliance with FTC guidelines is a must. Thoughtful, compliant influencer strategies help brands balance creativity with essential trustworthy marketing strategies. PS: Monique, thanks for the lifetime supply of the good stuff! 😂 And Raqiyyah Pippins you did a killer job moderating and sprinkling in your perspective as well! #advertisinglaw #ftccompliance #influencermarketing #marketing #fortune500 #compliance

Absolutely UNREAL, pinch me moment meeting Serena Viswanathan from the Federal Trade Commission just now! As someone who has obsessively devoured every FTC action, MOST DEFINITELY those authored by the legend, Serena, herself 👏🏽 the 👏🏽 woman 👏🏽 who 👏🏽 literally 👏🏽 creates 👏🏽 the 👏🏽 federal 👏🏽 templates 👏🏽 writes, and sends the warning letters and fine violation notices to companies violating deceptive advertising rules since 2000 🤯 calling this a surreal, full-circle moment is an understatement… Thank you so much, Serena, for taking a genuine interest in everything I had to share. We nerded out on the importance of creating a fair, truthful advertising ecosystem for consumers, advertisers, and brands alike—especially as 85% of young consumers now aspire to be influencers…and how we see firsthand the deeply disturbing effects on teen mental health when we don’t prioritize ethics influencer marketing. Serena also shared how, having navigated several administration changes, she remains confident that the FTC’s work transcends politics; it’s driven by a unified commitment to protecting consumers, ensuring the continuity of their mission. For me (and my little sister, who just got into Georgetown University Medical School!), having Indian women role models like Serena—ascending from University of California, Berkeley undergrad to Georgetown University Law Center into impactful positions—is deeply inspiring. And yes, I told Serena I’m such a big fan of the FTC’s work especially under Lina Khan’s fierce leadership that I dressed up as Lina for Halloween this year. When Serena asked to see a picture (below lol), we both laughed, “Yep, you really do look like her!” 😂 Moments like these remind me why I love what I do and that the extreme struggle along the way is worth it! As Kamala gracefully delivered in her concession speech last week: “The fight takes a while. That doesn’t mean we won’t win. The important thing is: don’t ever give up. Don’t ever stop trying to make the world a better place. You have power. And don’t you ever listen when anyone tells you something is impossible because it has never been done before.” 💃🏽💪🏽🤝

Top 5 Juicy Insights on Safe and Compliant Influencer Marketing from this morning’s panel with Pamela Lina of Cartoon Network Studios ; Katie Goldstein of SuperAwesome ; Rukiya Bonner of the Children’s Advertising Review Unit (CARU) and Allison Fitzpatrick : 1️⃣ Transparency with Child-Friendly Disclosures With the FTC’s updated guidelines, influencers must use clear, simple language for young audiences—phrases like “Thanks to [Brand] for sponsoring this video” resonate better with kids. Vague terms like “sponsored” and “ad” aren’t clear enough for younger viewers. 2️⃣ Avoid Engagement-Driven Content That Appeals to Kids Pamela highlighted that influencer content shouldn’t encourage kids to engage with social challenges, sing-alongs, or imitations, as these often draw in under-13 viewers. Cartoon Network consciously avoids content that could pull in addictive behavior from young consumers, directing TikTok content toward adults only. Brands are urged to think carefully about content that might inadvertently attract younger children. 3️⃣ Safety in Influencer Disclosure Placement with Contextual Targeting SuperAwesome’s “Awesome Ads” product uses hand-checked, contextually-placed ads, ensuring that influencer content appears only in safe spaces without relying on personal data. This approach underscores the importance of safeguarding young viewers. 4️⃣ Navigating State-Specific Child Influencer Law Recent state laws in Illinois and Minnesota now require child influencers to be properly compensated and protected. Rukiya reinforced that brands are responsible for ensuring agreements with child influencers involve parents directly, promoting transparency and ethical standards. 5️⃣ Protecting “Bystander” Kids in Mixed Audiences On platforms like TikTok with mixed-age audiences, brands bear responsibility when collaborating with influencers who attract large numbers of teens and children, even if the product isn’t directly targeting kids. This “bystander” effect means that children, like secondhand smokers, are exposed to endorsements unintentionally. Brands must ensure that influencer content is appropriate and compliant, minimizing unintended impact on young viewers. ‼️ Bottom Line: As influencer marketing evolves, brands need to adopt transparent, safety-first strategies, focusing on clear disclosures, thoughtful content, and protective practices for young “bystander” audiences on mixed-age platforms. A pleasure to meet and learn from you all!! 🤓

When protecting consumers from false advertising starts showing up on billboards in the wake of AI-generated content, you know this has escalated to a category 5 problem. 🌪️ The Federal Trade Commission’s final ban on fake endorsements—effective October 14—now imposes a $43,792 fine per violation. The stakes have never been higher. Seeing outdoor signage this morning dedicated to combating this issue underscores that “comply or die” is not just a catchy catchphrase. Brands, are you ready? #consumertrust #falseadvertising #aigeneratedcontent #marketingcompliance #ftccompliance #fakeendorsements #truthinadvertising #brandsafety #complyordie #advertisingregulations #digitalmarketing #influencermarketing #aiethics #marketingstrategy #consumerprotection #trustinadvertising #marketinginnovation #adtransparency #brandaccountability #compliancematters #marketingethics #staycompliant

If Bart Simpson were an influencer. “I will not shill stuff I hate to make bank.”

men lie, women lie…raw, unaltered screenshots of numbers don’t lie... this week alone, 60.9% (nice) of industry professionals (46 unincentivized respondents) rated FTC compliance, in light of the new $43,792 fine per non-compliant influencer, customer, and AI-generated UGC, as a 10/10 in importance for brand reputation and trust. anyone remember when FTC guidelines were the laughing stock of the influencer marketing world...shrugged off since 2016, with folks sharing "clever tactics" to skirt around them so the "TikTok algo gods would bless the posts as organic" bc views more money. funny how things change when money’s on the line. it’s getting hot in here 🥵 #ftccompliance #influencermarketing #brandtrust #marketingregulations #aimarketing #consumerprotection #compliance #digitalmarketing #socialmediamarketing #tiktokmarketing #ugc #usergeneratedcontent #aigeneratedcontent #ecommerce #shopify #dtc #retailtrends #retail