WOMMA/FTC Disclosure Guide

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Social Media and the Responsibilities of Advertisers, Marketers and Bloggers

Consumers have a right to know the sponsor behind advertising and marketing messages that could influence their purchasing decisions, but key information is not always adequately disclosed in a social media context. Thus, for testimonials and endorsements delivered to consumers through social media – whether by consumers, experts, celebrities, or organizations – the FTC requires advertisers/marketers and bloggers to disclose all “material connections” between the blogger and advertisers/marketers.

The FTC explains “material connections” as any connection between a blogger and an advertiser/marketer that might materially affect the credibility consumers give to that blogger’s statements. Important examples of “material connections” include:

Consideration (benefits or incentives such as monetary compensation, loaner products, free services, in-kind gifts, special access privileges) provided by an advertiser/marketer to a blogger; and
A relationship between an advertiser/marketer and a blogger (such as an employment relationship).

Scope and Purpose of the WOMMA Guide to Disclosure in Social Media Marketing

This document provides best practices in light of the FTC Endorsement Guides, released in 2009 and updated in 2010. This document is for general informational purposes only and is not intended to be legal advice. As social media is ever-changing, this WOMMA Disclosure Guide will be a living document – continuing to be refined to reflect evolving industry best practices. If you require legal advice, please consult an attorney.

Clear and Prominent Disclosure

No matter which platform is used, adequate disclosures must be clear and prominent. Language should be easily understood and unambiguous. Placement of the disclosure must be easily viewed and not hidden deep in the text or deep on the page. All disclosures should appear in a reasonable font size and color that is both readable and noticeable to consumers.

Disclosure Best Practices

As stated above, bloggers are required to disclose “material connections” to advertisers. Listed below is sample disclosure language, organized by the platform used. Alternative, but substantively comparable, language may also be used where appropriate.

Blogs

I received product from Company Name
Company Name sent me product.
I received product from Company Name to give away.
I was compensated by Company Name and received product.

Additionally for product review blogs, WOMMA strongly recommends creating and prominently posting a “Disclosure and Relationships Statement” section on the blog fully disclosing how a review blogger works with companies in accepting and reviewing products, and listing any conflicts of interest that may affect the credibility of their reviews.

Microblogs

Include a hash tag notation, either:

#spon (sponsored)
#paid (paid)
#samp (sample)

Additionally, WOMMA strongly recommends posting a link on your profile page directing people to a full “Disclosure and Relationships Statement.” This statement, much like the one WOMMA recommends for review blogs, should state how you work with companies in accepting and reviewing products, and listing any conflicts of interest that may affect the credibility of your sponsored or paid reviews.

Status Updates on Social Networks

I received product from Company Name.
Company Name sent me product.
I was compensated by Company Name and received product.

Additionally, WOMMA strongly recommends posting a full description or a link on your social network profile page directing people to a “Disclosure and Relationships Statement.” Note that if an employee blogs about his or her company’s products, citing the identity of the employer in the profile may not be a sufficient disclosure. Bloggers’ disclosures should appear close to the endorsement or testimonial statement they are posting.

Video and Photo Sharing Websites

Include as part of the video/photo content and part of the written description:

I received product from Company Name.
Company Name sent me product.
I received product from Company Name to give away.
I was compensated by Company Name and received product.

Additionally, WOMMA strongly recommends posting a full description or a link on your video and/or photo sharing profile page directing people to a “Disclosure and Relationships Statement.”

False or Unsubstantiated Statements

And as a reminder, bloggers should always avoid misleading or unsubstantiated statements when blogging about an advertisers/marketers products or services.

Additional Links and Resources
(Link) Revised Endorsement and Testimonial Guides (includes example scenarios)
(Link) FTC’s Revised Endorsement Guides: What People Are Asking

Fanscape is a member of WOMMA. This document is a modified version of WOMMA’s Social Media Marketing Disclosure Guide available at: http://womma.org/ethics/disclosure/Social-Media-Marketing-Disclosure.pdf. This document is for general informational purposes only and is not intended to be legal advice.