Advertising Law Tool Kit - Tenth Edition | 2022

66 / Venable Social Media, Influencers, and Endorsements Melissa Landau Steinman mlsteinman@Venable.com +1 202.344.4972 Advertisers increasingly view social media as an opportunity to have influencers speak positively about their products and services. The Federal Trade Commission (FTC) has made it clear, however, that the rules regarding disclosure of material connections also apply in the social media context. Indeed, the FTC has pursued numerous cases against influencers, agencies, and the companies that hire them over the years. The use of social media to generate product endorsements generally falls into three categories: (1) supplying free product or other consideration to a social media influencer; (2) paying a social media influencer to write about your product or services; and/or (3) encouraging your employees to talk about your products or services on social media. In each of these instances, disclosure of the connection between you and the social media influencer is critical. Stephen R. Freeland srfreeland@Venable.com +1 202.344.4837