Creating Circles of Influence: Developing Strategies for Claims Compliant Influencer Use and Social Media Reviews

February 3, 2021 12:45pm

Amy Mudge
Partner and Co-Chair Advertising, Marketing & Digital Media Practice Group
Baker & Hostetler LLP (Washington, DC)

Heather Opdyke
Manager, Advertising Compliance
Brother International

Debora Welch
Assistant General Counsel
NA Beauty Retail, Zotos International, Joico and MyDentity Legal Department, Henkel Corporation (Stamford, CT)

Now that we’ve heard from the FTC, this panel of industry authorities will offer various perspectives on how companies are implementing effective and compliant influencer marketing and consumer social media review strategies in view of agency guidance and enhanced claims scrutiny by regulators.

Points of discussion will include:

  • Understanding the relationship between influencer claims, testimonials and consumer reviews relative to claims substantiation
  • Examining how the FTC’s influencer guidance is affecting influencer use
  • Identifying key elements that you should include in influencer contracts
  • Evaluating protections afforded by disclosures
  • Analyzing the use of new and emerging social media
    • TikTok
    • Instagram Stories
    • Snapchat
  • From a testimonial or review to a marketing campaign: comprehending the extent to which consumer permission is needed to repurpose reviews
  • Dissecting consumer perception
    • Traditional consumer surveys vs. social media chatter
    • Review platforms and algorithms: used for good or to suppress negative reviews?
  • Determining how companies are managing expectations relative to influencers and reviews and the variations depending on the campaign and platform
  • Grasping the implications of reviews on Amazon and other third-party websites