Influencers Must Disclose Free Product
Brands should monitor influencer posts for compliance
Everyone loves free products, but influencers who receive free products and post about them must disclose this material connection.
In a recent National Advertising Division monitoring case, a large publicly traded apparel and beauty brand was called out for its influencers not disclosing that they received free products.
👉From NAD case: “In exchange for receiving a clothing credit applicable towards … products, the influencers agree to publish a certain number of social media posts featuring (the brand).
Here is what we can learn.
🔹Tagging a brand on a social media post is not disclosure.
🔹If an endorsement is made verbally, then the disclosure should also be made verbally. If the endorsement is not made verbally, then a # BrandAmbassador or “Thanks for the free product” is typically sufficient as long as it’s not buried below the “More” section.
I made this video to show a possible way to disclose a free sample that can be fun and authentic. Providing influencers with examples like this can help maintain their compliance and authenticity.
Read the NAD case here.
DATE ORIGINALLY POSTED: 3/26/25
Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading.