What To Do When A Brand Wants You To Violate FTC Rules
The FTC has very straight forward rules for influencers who are working with brands. Yes, they use a lot of flowery legal language but the essence of what they have to say is easy: If you are working with a brand, you must disclose that relationship in explicit, literal, easy to understand language.
This means, if a brand sends you product, pays you for a review, or both in exchange for an online posting, you need to tell your followers that. Here are some examples of good disclosure statements:
- I received this product for free from XXX brand in exchange for my honest review.
- This is a paid partnership with XXX brand and I am so excited to be working with them to bring you this video.
- I received this product for free from XXX brand and I am going to be reviewing it today!
Also, don’t forget to include #ad in any social media postings that are sponsored.
For reference, here are some not-so-good disclosure statements that won’t fly with the FTC:
- I just got this product in the mail and I am so excited to try it!
- I am getting ready to review this new product I got!
- I am loving the new lipstick line from XXX brand.
These statements won’t work because they do not clearly state that the product was received for free or was part of a paid project between you and a brand.
But what happens when you do everything right in your posting — you put the proper disclosure on your work and you are fully in compliance with FTC guidelines — but the brand wants you to remove the disclosure language??
Sadly, this can happen with brands. Sometimes, a brand simply doesn’t know the FTC disclosure guidelines. For example, if a brand is not based in the US, they may not have the same disclosure laws. Other times, a brand wants their coverage to appear organic, even if it is sponsored. So they want you to intentionally remove the disclosure rules.
Regardless of the brand’s reasoning, you absolutely must to follow the FTC disclosure laws. Failure to do so can results in fines and/or account suspensions for both you and the brand you are working with.
However, we understand that you want to maintain your brand relationships. So how do you politely tell a brand that you won’t be removing any disclosure language? Here are a few tips:
Be kind: Do not be argumentative. In fact, there is nothing to argue about! You are following the laws of your profession. So don’t feel like you need to defend the use of disclosure language since it is mandatory anyway.
Use the FTC: Be sure to put a link to the FTC disclosure guides in your email. You can’t argue with written rules. If the brand is persistent, you can point out the quote below. It says that, more often than not, the individual blogger may not be punished. Instead, the brand providing the product will bear the consequences of the violation.
…if concerns about possible violations of the FTC Act come to our attention, we evaluate them case by case. If law enforcement becomes necessary, our focus usually will be on advertisers or their ad agencies and public relations firms.
Don’t leave it open for conversation: Be kind, but FTC laws aren’t up for discussion. They are a must-have. In the politest way possible, tell the brand you have no intention of removing your disclosure language.
Here’s a sample letter:
Dear XXX Brand Rep,
I am glad you liked my post! I absolutely loved working on this project with you. The products you provided have become part of my daily beauty regimen.
According to the current FTC guidelines, I must explicitly state that this was a sponsored post where I received free product. To avoid any unpleasant consequences, I put the required FTC language in all sponsored posts.
I look forward to working with you again!
Best,
Influencer Name
Boom! Done and done. Since a brand can’t argue with influencer guidelines outside of their control usually the conversation will end there. However, if a brand becomes insistent, you may need to make a hard choice about whether you want to continue the relationship. If a brand is pressuring you to break disclosure laws it may not be worth your integrity as a blogger to work with that type of brand. Just remember, it is your empire. Don’t let anyone pressure you.
Are you familiar with the FTC disclosure laws? Are there any topics you want FTC-related covered in upcoming posts? Let us know in the comments!
