Sorry, Celebs, Using #Sp On Instagram Ads Isn’t Gonna Cut It

The Federal Trade Commission, the government organization that regulates advertising, just announced that it has started a crackdown on Instagram sponsored posts. It sent 90 letters to various influencers brands reminding them the FTC guidelines for social media endorsements. Basically: or “Thanks [@BRAND]” doesn’t cut it.

This is the first time the FTC has sent this kind of letter, which is not an official warning but rather a sort of nudge-nudge educational message, reminding them of the rules. The letters were sent in response to the advocacy group Public Citizen, which had sent a petition to the FTC about celebrities, athletes, and models doing ambiguously labeled Instagram .

The FTC has not released the names of who got these letters, and Public Citizen does not know who exactly received a letter, either. Some of the people mentioned specifically in the complaint from Public Citizen include Bella Thorne, David Beckham, Mark Wahlberg, Scott Disick, Jenny McCarthy, Chris Pratt, Kendall Jenner, and Gigi Hadid.

Instagram: @markwahlberg

According to the FTC’s announcement today, the letters reminded people what does NOT meet their requirement for a clear disclosure, including…

These commonly used visual tricks that hide the disclosure:

  • Putting the disclosure at the end of a long caption, so that it’s cut off and you have to click “more” to read the full thing. Most people won’t ever click and see it.
  • of and saying

And these three common tricks that are half-assed disclosures that simply aren’t clear to the average person that the person either got paid or got a freebie:

Instagram: @emrata

The FTC is careful to say that it doesn’t have specific wording requirements. If you use sp, you’re not going to jail immediately, but let’s just say there’s a good chance that this is not what the FTC considers a full, transparent disclosure to your audience of a material connection between you and a brand.

The idea here is that a normal person should be able to immediately understand that someone was paid (that includes getting free shit&;) to post. I’ve been doing a column for BuzzFeed where I investigate whether various celebrity social media posts are ads or not, and one thing that’s clear is that even those of us who are pretty savvy about this kind of stuff are often truly confused about celebrity Instagram posts.

For now, Bachelor contestants hawking teeth whiteners don’t have to worry about getting arrested for not using the right hashtag. The FTC historically only goes after the brands, not the influencers, for cases of unclear social media ads. And there have only been a few of these actually brought to lawsuits – the most recent one was last summer, when the agency charged Warner Bros. for paying PewDiePie to review their latest video games without proper disclosure. But these reminder letters mean that the FTC is taking Instagram more seriously — and that pressure from consumer advocacy groups can be effective.

Quelle: <a href="Sorry, Celebs, Using Sp On Instagram Ads Isn’t Gonna Cut It“>BuzzFeed

Sorry, Celebs, Using #Sp On Instagram Ads Isn’t Gonna Cut It

The Federal Trade Commission, the government organization that regulates advertising, just announced that it has started a crackdown on Instagram sponsored posts. It sent 90 letters to various influencers brands reminding them the FTC guidelines for social media endorsements. Basically: or “Thanks [@BRAND]” doesn’t cut it.

This is the first time the FTC has sent this kind of letter, which is not an official warning but rather a sort of nudge-nudge educational message, reminding them of the rules. The letters were sent in response to the advocacy group Public Citizen, which had sent a petition to the FTC about celebrities, athletes, and models doing ambiguously labeled Instagram .

The FTC has not released the names of who got these letters, and Public Citizen does not know who exactly received a letter, either. Some of the people mentioned specifically in the complaint from Public Citizen include Bella Thorne, David Beckham, Mark Wahlberg, Scott Disick, Jenny McCarthy, Chris Pratt, Kendall Jenner, and Gigi Hadid.

Instagram: @markwahlberg

According to the FTC’s announcement today, the letters reminded people what does NOT meet their requirement for a clear disclosure, including…

These commonly used visual tricks that hide the disclosure:

  • Putting the disclosure at the end of a long caption, so that it’s cut off and you have to click “more” to read the full thing. Most people won’t ever click and see it.
  • of and saying

And these three common tricks that are half-assed disclosures that simply aren’t clear to the average person that the person either got paid or got a freebie:

Instagram: @emrata

The FTC is careful to say that it doesn’t have specific wording requirements. If you use sp, you’re not going to jail immediately, but let’s just say there’s a good chance that this is not what the FTC considers a full, transparent disclosure to your audience of a material connection between you and a brand.

The idea here is that a normal person should be able to immediately understand that someone was paid (that includes getting free shit&;) to post. I’ve been doing a column for BuzzFeed where I investigate whether various celebrity social media posts are ads or not, and one thing that’s clear is that even those of us who are pretty savvy about this kind of stuff are often truly confused about celebrity Instagram posts.

For now, Bachelor contestants hawking teeth whiteners don’t have to worry about getting arrested for not using the right hashtag. The FTC historically only goes after the brands, not the influencers, for cases of unclear social media ads. And there have only been a few of these actually brought to lawsuits – the most recent one was last summer, when the agency charged Warner Bros. for paying PewDiePie to review their latest video games without proper disclosure. But these reminder letters mean that the FTC is taking Instagram more seriously — and that pressure from consumer advocacy groups can be effective.

Quelle: <a href="Sorry, Celebs, Using Sp On Instagram Ads Isn’t Gonna Cut It“>BuzzFeed

Is This An Ad? Jonathan Cheban And The Whopperito

Welcome to our weekly column, “Is This an Ad?,” in which we strap on our reportin’ hat (it is NOT a fedora, please stop imagining that) and aim to figure out what the heck is going on in the confusing world of celebrity social media endorsements. Because even though the FTC recently came out with rules on this, sometimes when celebrities post about a product or brand on social media, it’s not immediately clear if they are being paid to post about it, got a freebie, just love it, or what.


Instagram: @jonathancheban

THE CASE:

Jonathan Cheban is a former publicist, current entrepreneur, bon vivant, internet troll, and, perhaps most famously, Kim Kardashian’s best friend. Martha Stewart does not know who he is.

In his current career incarnation (Cheban is quick to point out that he hasn’t done PR in years, and now owns between 5-10 companies, depending what month you ask him), he has some sort of relationship (perhaps partial owner?) with a burger joint on Long Island and a lifestyle website called TheDishh.com.

Perhaps because of these new business developments, he’s taken a turn to positioning himself as some sort of culinary expert, referring to himself as the “Foodg&;d.” The bar over the “o” is called a macron, and it means the word should be pronounced “foodgoad”.

(I have a theory of how this came about: starting maybe two years ago, Cheban began experimenting with a fairly typical Instagram ploy to gain followers: reposting like-bait photos of decadent desserts or other foods. These were photos he found elsewhere and would caption things like “mmm yum&;” or about how much he wanted to eat it. He still does some of this sort of stuff, like a recent post where he posted a photo of an ice cream cotton-candy hybrid with the caption, “I need to try this cotton candy ice cream cone immediately …xx Foodg&x14D;d.”)

Instagram: @jonathancheban

But we’re not here to talk about ice-cream cotton candy. We’re here to talk about Cheban’s recent post about eating Burger King’s new menu item, the Whopperito.

The Whopperito is fairly straightforward: it’s Whopper filling (with spicer meat), in a burrito tortilla instead of a bun. Nick Gazin, a Vice reporter who recently ate three of these for a review, wrote: “It is my belief that this Whopperito was made to cater to the Jackass generation who want to do gross things on Instagram to show off. I don&;t think this was an earnest food invention. I think this is stunt-burgerism created to get press and hashtags.”

THE EVIDENCE:

So, the obvious thing here is that Mr. Cheban used the hashtag . That seems like, obvs it’s an , right? I mean, he’s saying it right there. OR IS HE?

Here’s the weird part: if you search that hashtag, two posts show up. The other is from 3 weeks before Jonathan&039;s, from a young fashion and lifestyle blogger named Ria Michelle (I reached out to her to ask if she could confirm she was paid; I did not hear back). The best theory here is that a digital marketing agency convinced Burger King to pay social influencers to post about the Whopperito using the cheeky and winking tag thekingpaidmetodoit (so transgressive and ironic, right?) And yet… they only found 2 people to actually use the tag? Sounds like some ad buyer somewhere has some explaining to do.

There’s something more mysterious about the fact that only two people used the tag – it confuses the obvious narrative that this is clearly a paid ad. Was this just a huge failure, or is there something else going on?

Here’s how celebrity endorsements work: companies want someone who will ~align with their brand’s message~. Even if consumers know it’s an ad, that’s ok, it still has to be someone who makes sense. When we see Matthew McConaughey monologuing to a cow in a TV ad for Lincoln cars, we know it’s he’s getting paid, but isn’t there something about it where you’re like “yeah, I could totally imagine he’d drive a Lincoln”? There’s a good brand alignment there.

Cheban’s recent personal branding as “foodgoad” is relevant here: He’s worked to establish himself as an influencer in the world of viral, unhealthy food. Remember what Vice said about the Whopperito, how it was just a social media stunt food? Well, what better way to align a product that is purely a vapid, frivolous trend food designed only to appeal to society’s lowest denominator than with Jonathan Cheban? It’s simply good brand alignment.

THE VERDICT:

UNDETERMINED.

Believe it or not, we couldn’t verify this. BuzzFeed News reached out to Burger King to confirm if this was a paid endorsement, and they refused to comment on it. Which…. is not a good look for them, since according to the FTC’s point of view, it’s the responsibility of the brand to be crystal-clear about paid social media endorsements.

So then we tried to ask Cheban. I’m already blocked by him for posting about how he is rude to fans on social media, so fellow BuzzFeed reporter Jess Misener asked:

Cheban didn’t reply, and promptly blocked Jess on Twitter.

WHAT ARE YOU HIDING, JONATHAN?

Since both Cheban and Burger King were stonewalling me, I went to some experts in the field of celebrity endorsements to find out their opinions on this.

According to Stefania Pomponi, founder and president of the Clever Girls influencer marketing agency:

I am 99.9% positive Jonathan Cheban&039;s Whopperito post is a paid sponsorship. He is being coy about disclosing his paid endorsement, which is in direct violation of FTC guidelines which state that standardized hashtags like ad or be used. The guidelines further explain that disclosure hashtags must have a clear meaning to the audience (meaning the audience shouldn&039;t have to guess if a post is sponsored) and hashtags can&039;t be abbreviated (e.g. instead of sponsored). If Cheban wants to be in compliance, he needs to make sure his disclosures … are clearly and easily understood by his audience.

Lucas Brockner, associate director of partnerships and business development at the social media agency Attention:

While nobody loves seeing the ad, sponsored or the somewhat sneaky sp, it’s part of the FTC guidelines and something we ask all influencers to include in posts. To no surprise, influencers don’t like putting this in their posts as it can result in negative backlash from their audiences. As a result and as seen in this example, you’re starting to see more clever ways that influencers are disclosing that they were paid for these types of social promotions. Of course, the more authentic the partnership, the more creative you can be. For example, the idea of using the language “in partnership with” has become a favored term amongst influencers/celebrities and brands when it’s an ongoing content series versus a one-off endorsement.

Dear readers, I have failed you here. Some secrets are too deep, too dangerous, too guarded by the forces of power and money to ever be revealed. Whether or not Jonathan Cheban ate that god-awful meat tube for fun or profit is one of those secrets.

Quelle: <a href="Is This An Ad? Jonathan Cheban And The Whopperito“>BuzzFeed

Advocacy Group Files FTC Complaint Over Kardashians' Instagram Ads

Kylie Jenner&;s Instagram for Fit Tea.

Via instagram.com

Last week, the nonprofit consumer advocacy group Truth in Advertising (TINA) sent a letter to the Kardashian/Jenner clan warning them about deceptive advertising on their social media.

Today, the organization officially filed a complaint with the Federal Trade Commission, saying that Kim Kardashian West and her sisters had failed to comply with FTC disclosure standards for paid ads.

The Kardashians are notorious for hawking teeth whiteners, diet teas, waist trainers, and other products on social media, usually without disclosing that these are ads by using a hashtag like ad or . TINA has compiled a database of the these ads.

Since last week’s letter, the Kardashians have gone back and deleted a few old posts that were in violation, or updated them to say ad at the beginning.

The FTC has rules on sponsored social media posts. The agency wants it to be clear to consumers if something is a paid endorsement — especially because, unlike traditional TV or magazine ads, sponsored social media can be a bit murky. According to the FTC’s social media guidelines, “the question you need to ask is whether knowing about that gift or incentive would affect the weight or credibility your readers give to your recommendation. If it could, then it should be disclosed.” The FTC also prefers that posters include their disclaimers at the beginning, not the end, of a post (which may be cut off by Instagram), and that they don’t use abbreviations like .

A recent post for vitamins now says ad at the beginning:

Instagram: @kimkardashian

TINA filing a complaint doesn’t mean the FTC will actually do anything, and technically anyone can file an FTC complaint. TINA has a history of working with the FTC and has had some success getting the agency to act on complaints they’ve filed. TINA recently brought to the government&039;s attention Vemma, an energy drink company that was eventually shut down by the FTC for being a pyramid scheme.

“The Kardashian/Jenner family and the companies that have a commercial relationship with them have ignored this law for far too long, and it’s time that they were held accountable,” Bonnie Patten, executive director of TINA, said in their statement on the complaint.

A representative for TINA told BuzzFeed News that since sending the letter out, the organization has been working with a lawyer for the Kardashians, who had been cooperative. But as of today, lots of posts still hadn’t been changed.

Interestingly, posts about smaller companies like SugarBearHair (a vitamin supplement) or Fit Tea were updated quickly. But bigger companies like Estée Lauder (for which Kendall Jenner is a spokesmodel) or Puma (for which Kylie Jenner is a spokesmodel) were more likely to resist being updated with something as gauche as “ad.” In one of Kendall’s original posts, she tagged @EsteeLauder and hashtagged it — something that a casual Kendall fan might not know signifies that she has a longstanding advertising relationship with the company. Kendall recently updated the photo with an additional hashtag, .

Kendall’s updated post now says EsteeModel:

instagram.com

According to the complaint filed with the FTC, “The willingness of the Kardashians/Jenners to alter their Instagram posts endorsing companies such as SugarBearHair suggests they would also fix other similarly deceptive posts if permitted to do so by the other companies they endorse. As such, it is apparent that the issue is with the companies, who continue to flagrantly ignore the law.”

In general, the FTC considers brands/companies to be on the hook for making social media ads clear, and they don’t try to go after individual bloggers or social media personalities. For example, in a recent case involving Warner Bros. placing ads with video game vloggers, the agency fined Warner Bros., not the vloggers. But in the case of the Kardashians, who are running a huge business off of social media endorsements, it’s possible the FTC could decide to make an example out of them to set a precedent.

Earlier this week, lawyers for the Kardashian/Jenner family told TINA in a statement that they planned to “work swiftly and diligently with our brand partners and TINA” to clear up confusing old posts. BuzzFeed News has reached out to the lawyers for comment on the filing of the FTC complaint.

Quelle: <a href="Advocacy Group Files FTC Complaint Over Kardashians&039; Instagram Ads“>BuzzFeed