Workshop B — Social Media Claims Substantiation Master Class: A Comprehensive Guide for Making Compliant Claims on Social Media in a Time of Evolving Agency Guidance

Feb 9, 2024 2:00pm – 05:00 PM

Amy Kingham
Compliance Manager

Paavana Kumar
Davis+Gilbert LLP

Emily Faro
Reed Smith LLP

In an era where Facebook, Instagram TikTok, and product user reviews are major sources of information for consumers, brands across all industries are wise to include social media in their marketing strategy. However, when dealing with non-traditional tactics such as influencer marketing, online celebrity endorsements or consumer reviews, companies must be diligent in ensuring that claims about their products are thoroughly substantiated, appropriate disclosures are made, and compliance teams are aware of the latest regulatory guidance and concerns. This panel will explore topics including:

  • Determining how to compliantly promote your product on social media and win consumer confidence while staying out of trouble with the regulators
  • Examining FTC’s final set of revised Endorsement Guides
    • What has changed in terms of substantiation requirements and what areas of focus are on the horizon for the Commission?
    • What are the implications for industry?
  • Understanding the different requirements and best practices relative to:
    • Consumer endorsements vs. expert endorsements vs. celebrity endorsements
    • Endorsements vs. testimonials
    • Endorsers vs. influencers
    • Disclosures of material connections to the brand or seller of the advertised product
    • Reviews on other third-party websites
    • Reposted or repurposed reviews
    • Review platforms and algorithms
  • Determining the scientific evidence necessary to meet FTC social media claim substantiation standards
  • Evaluating protections afforded by various types of disclosures
  • Developing contractual parameters on what influencers and endorsers may say
  • Influencing your influencers: preventing rogue influencers from touting unsubstantiated claims and implementing safeguards against influencer campaign liabilities
  • Navigating the risks associated with brand promotion on e-commerce platforms
  • Planning and executing multi-platform social media sweepstakes, contests, and promotions while ensuring compliance with state and federal laws and claim substantiation requirements