We previously blogged a few weeks ago about the FTC’s sweep of influencers and warning letters being sent regarding whether material connections are disclosed, and if so, if they are done clearly and conspicuously. The FTC has issued a press release with more detail. We now know there were over 9‎0 such letters sent. For those who received a letter, the tendency might be to file it and move on, as the letters do not request follow up or require any action. This would be a mistake. Proactively engaging with the FTC to assure them there is no issue or to assure them that you are fixing compliance gaps is critical. If history is a guide, we fully expect the FTC to follow up and open investigations, at least into conduct, by some of the letter recipients.

The FTC’s Business Blog contains a few nuggets that may be of interest to those of us seeking to get disclosures done the right way, but perhaps with something other then #advertising as the first word in a post. The business blog suggests that on sites such as Instagram that prompt you to click for “more,” any disclosure must occur before the prompt, as many consumers may never click to see the additional content. Second, the blog suggests that #partner may be an ambiguous term. As it was not a shorthand like “spon,” this word has been a fairly common choice that perhaps now should be reconsidered. #thanks{brand} also made the list of inadequate disclosures. Finally and most interesting, the blog suggests that a disclosure at the end of a post, even if the post is short, might not be clear and conspicuous if provided with other #information. #humpday #taxesdone #didyounoticethis #endofblog.