Law

Disclosing Social Media Advertising & The Kardashians and Jenners

August 31, 2016
disclosing social media advertising kardashians and jenners

Image Credit (TruthInAdvertising.org)

Remember that time I went on a little rant about the importance of disclosing blog advertising in your posts (You can find that post here)?  Well, it’s no surprise that the issue has come up again, and this time the Kardashians and Jenners are involved.

The Federal Trade Commission (“FTC”) requires you to disclose when you are given compensation in exchange for an ad, or review, of a product.  Disclosing social media advertising is NOT hard and it drives me crazy when I see celebrities and influencers posting pictures that are clearly sponsored, and they don’t disclose it.  Someone else, Truth in Advertising, Inc., doesn’t like it either, and wrote a letter to the FTC about the Kardashians and Jenners’ failures to disclose.   The letter gave specific examples of the famous fam’s failures.  To no surprise, that included posts featuring waist trainers, Fit Tea and Sugar Bear hair.  It also included mega-brands Balmain, Calvin Klein, Estée Lauder, OUAI Haircare, Lorraine Schwartz, Revolve, and Roberto Cavalli.  Why is it such a big deal, you ask?  For starters, the Kardashians and Jenners make hundreds of thousands of dollars off one single post.  Kendall, for example, makes $300,000 for one instagram pic.  (Side note: where can I sign up for that job???)

It is beyond me why celebs and influencers are still failing to disclose, and why brands aren’t doing more about it.  Lord & Taylor got in trouble with the FTC earlier this year because instagram pictures posted by influencers (who were paid) did not clearly disclose their affiliation.

So, I’m going to say it again for all of the bloggers, influencers, celebs (hah), and brands reading this:

DISCLOSE, DISCLOSE, DISCLOSE.  

And make it crystal clear.  The FTC has now said that #spon isn’t enough, but #ad and #sponsored work for social media.

If you’re not sure whether you need to disclose, consider whether you were compensated to post (including free gifts) and whether you have a relationship with the brand (i.e. investors, spokesman).  You should also disclose your affiliate links.  Here’s a great example:  The link to Revolve a few paragraphs up is an affiliate link (RewardStyle).  See, so easy.  Take a lesson Kim, Kourtney, Khloe, Kendall, and Kylie.  Xo, AL

 

p.s. another disclosure – This blog post is for informational purposes only and not for the purpose of providing legal advice.

disclosing social media advertising kardashians and jenners

 

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  • Mckenna Bleu September 1, 2016 at 9:32 am

    wow, i would love to make $300,000 for posting an instagram pic!

  • Cristina September 1, 2016 at 11:52 am

    Haha I cannot believe they make so much for a single instagram picture! total dream world!

    X,
    Cristina / cristinawashere.com

  • Sami | The Classic Brunette September 1, 2016 at 12:00 pm

    OMG I would love to make that much for an Insta post, but disclosure is so SO important!!

    xo
    Sami
    http://www.theclassicbrunette.com

  • Jordyn September 1, 2016 at 1:40 pm

    Disclosure is SO important. I don’t hold the Kardashians in high regard so it honestly doesn’t surprise me that they don’t disclose, haha.

  • Greta September 1, 2016 at 3:53 pm

    I listened to a webinar about this the other day. It was so helpful and shared all the same information you did!

    Greta | http://www.gretahollar.com

  • Shauna September 1, 2016 at 6:15 pm

    Yea, it actually gets annoying like Kim K we know you don’t eat this random stuff for fun, just say you got paid so I can go on my merry way! You’re right, it’s important to be transparent, I’ve been very conscious about this lately.

    • thefashionbrief@gmail.com September 1, 2016 at 7:27 pm

      Haha yeah, it’s the worst when they are random products that you know they don’t actually use!

  • Elly Leavitt September 1, 2016 at 9:39 pm

    Lol seriously at 300,000$ a post I would be LIVING. Also like your little disclaimer at the end 😉

  • Annaliese September 1, 2016 at 10:02 pm

    Using hashtags like #ad or #sponsored on social media is so easy! Crazy to think that some people as big as the Kardashians can’t even do that….

    I also like to disclose when I’m raving about a product that isn’t sponsored- just so readers don’t get the wrong idea about the post!

    xoxo A
    http://www.southernbelleintraining.com

  • Kristin September 2, 2016 at 1:01 am

    I was so happy that someone finally called the Kardashians out on this! It has been driving me crazy for a while and I’m glad it will hopefully stop now!

    Kristin
    The Blush Blonde

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