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FTC’s social media product endorsement guidelines

By Kathryn Rattigan on August 6, 2015
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Back in 2009, the Federal Trade Commission (FTC) updated its ‘Endorsement Guides’ and followed up with an informal publication called “What People are Asking” to clarify some of the guides points. In May 2015, the FTC updated its guides once again in the FTC’s Endorsement Guides: What People are Asking and some new answers to frequently asked questions (FAQs). The basics regarding endorsements are:

  1. “Endorsements must be truthful and not misleading.”
  2. “If there’s a connection between an endorser and the marketer of the product that would affect how people evaluate the endorsement, disclose it clearly and conspicuously.”
  3. “If the advertiser doesn’t have proof that an endorser’s experience represents what consumers will achieve by using the product, clearly and conspicuously disclose the generally expected results in those circumstances.”

This expanded guide from May 2015, has resulted in some recent questions from social media outlets. For example, one of the updates to the guide and the FAQs discusses the question, “What about a platform like Twitter? How can I make a disclosure when my message is limited to 140 characters?” The FTC says that it “isn’t mandating the specific wording of disclosures. However, the same general principle – that people get the information they need to evaluate sponsored statements – applies across the board, regardless of the advertising medium. The words “Sponsored” and “Promotion” use only 9 characters. “Paid ad” only uses 7 characters. Starting a tweet with “Ad:” or “#ad” – which takes only 3 characters – would likely be effective.” #FTC guidelines.

And the FAQs also include, “I am an avid social media user who often gets rewards for participating in online campaigns on behalf of brands. Is it OK for me to click a “like” button, pin a picture, or share a link to show that I’m a fan of a particular business, product, website or service as part of a paid campaign?,” to which the FTC responds, “Using these features to endorse a company’s products or services as part of a sponsored brand campaign probably requires a disclosure.” Thanks for clarifying. Social media outlets are hoping to get even more updates to these vague guidelines as advertising and endorsements through social media become even more prevalent.

Most importantly, businesses should be sure to include information relating to the credibility of the speaker in all types of advertisements and stay up-to-date on FTC endorsement guidelines.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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