United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Mark King President Adidas Group North America 5055 North Greeley Avenue Portland, Oregon 97217 Dear Mr. King: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?imadvertising laws and standards, including the Endorsement Guides.] I am writing to call your attention to the attached Instagram posts by Jen Salter and Nicky Jam.2 In her post, Jen Selter is shown wearing an Adidas t-shirt, and writes, ?Jersey style, ya feel me? Have a great weekend everyone! In his post, Nicky Jam posts a picture of a pair of Adidas baby shoes. The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicnously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with either Ms. Selter or Mr. Jam, that relationship should be clearly and conspicuously disclosed in the endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For The Endorsement Guides are published in 16 can. Part 255. 2 The posts are available at bv=ienselter&hl=en and Mr. Mark King March 20, 2017 Page 2 example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to the attached posts and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Tv?ery truly yours, 14. Mary K. ngle Associate Director Division of Advertising Practices I. Jenselte; Fniiow 161k like: jenseller Jersey styie. ya fee4 me? Have a great weekend everyone! hy can-nth: keren_aliciaga @haychild paulinkwasny @mflliesauceSB hurrikan??l @ben2474? I need is a sick naguas I'Iaxamhl nannmy wellehjorlkloe On {hejersey shore it must be mawling w?h herpes. gonorr? and more megnn_carreira This is mummy what I?m wearing prom weekenm @Elmig hty'tonoise sharnsies ?inderjit_ prsuLjanjetina Bogte maze stelne nosis mild: Inr In {Hm slikn vllmu v_u :1 nidqciarnpr Feilnw 593k Ilka nicleampl lourdarivma: gyuryJorress [QandtorreL muero d9 smear and'lanes_ Dedle a tie wry qua querel alias yo fa: qularu @iourdesn'veru: QWiLenclna @saroencineh ugartasablna Hale wii?ammrtaazs?lz Yb quiaro unos pare ml hlja Alguian quierE DUO babe ?nickn?ampr @esperuiz. yulieltlucita Ta Ins hago para al prbodmo bbujeje [emsln 21 inn. mum-lo United States of America FEDERAL TRADE COMMISSION Washington, DC. 205 80 Mary K. Engle Associate Director March 20, 2017 Mr. Hal Kravitz Chief Executive Of?cer AQUAhydrate, Inc. 5870 West Jefferson Boulevard Suite Los Angeles, California 90016 Dear Mr. Kravitz: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Sean Combs.2 Mr. Combs?s post shows a photo of two bottles of AQUAhydrate water in what appears to be a car and he writes, ?Let?s @aquahydrate #balance #hydrate #tryIT." The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conSpicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. We understand that Mr. Combs is an ovmer and director of AQUAhydrate. Mr. Combs?s material connection to your company should be clearly and conspicuoust disclosed in his endorsements. To be both ?clear? and ?consPicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Hal Kravitz March 20, 2017 Page 2 many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Mr. Combs?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank y0u. Very truly yours, Associate Director Division of Advertising Practices iamdiddy allow 5,539 likes Let's GOUJ @aqu?hydrate #balance Hydrate #trle I elishamniga72 Chem drinking the same thing right now as I'm sweating It out in the sauna. #?ataypcsitwe finedicipiine We gall-1g he. bu rakus1 Pastor Olddy?n sephmas124 I will need alter you make me squirt Nice shot mmewzs This water is so goadJ hope to buy a case this weekend. Delicious Hydrate furthe- body! marchbaby?i?DO I need to try that United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Eagle Associate Director March 20, 2017 Mr. John Nosek President Kao USA, Inc. 312 Plum Street Cincinnati, Ohio 45202 Dear Mr. Nose-k: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached lnstagram post by Shay Mitchell.2 She posts a video of herself scrubbing her face with Biore products and writes, can never perfect the art of the boomerang but this one was a win thanks to @bioreus '5 Baking Soda Scrub that ?zzes bubbles when I wash my face almost like a mini spa-day for my pores! [emojis] BioreAmbassador.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. It appears that Ms. Mitchell has a business relationship with your company. Ms. Mitchell?s material connection to your company should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at Of?taken- Mr. John Nosek March 20, 2017 Page 2 unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Mitchell?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.?c.gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkresses??h?cgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices a ahaym I Follow I 1.4m mews 8w shaym I can never perfect the art of the boomerang but this one was a win thanks to @bioreus '5 Baking Soda Scrub that ?zzes 8: bubbles when I wash my face almost like a mini spa-day for my pores! +3 0 I BloreAmbassador vies; ?31826 comments manalbounaaja3 Woow saarah?ddlqul Walt that was her in the commerciam' WOAH Irern_koca aslalenajOOE GOALS aslalenajooa GOALS asialenajOOB GOALS asiatenajom asialenaJOOS ARE ky?emaisine @jadenderry have this United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Eagle Associate Director March 20, 2017 Mr. Jeremy Joseph President General Counsel Buscemi, LLC 1545 Wilcox Avenue, Suite 202 Hollywood, California 90028 Dear Mr. Joseph: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagrarn posts by Ciara and Dorothy Wang.2 Ciara posts a picture of three pairs of shoes and writes, ?Proud To Be An American. #RedWhiteAndBlue HappyFourth @Buscemi For Juicy Mans Shoes us.? Ms. Wang posts a picture of a pair of shoes in front of a Buscemi.com box lid and writes, ?Monday delivery! [emoj is] So OBSESSED with these #buscemi sneakersll Thanks @buscemi @robheppler, can?t wait to wear them The Endorsement Guides state that if there is a ?material connection" between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provisioo of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with either Ciara or Ms. Wang, that relationship should be clearly and conspicuously disclosed in the endorsements. To be both The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The posts are available at and Mr. Jeremy Joseph March 20, 2017 Page 2 ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thnx @Buscemi? or ?Thanks @buscemi? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to your company; consumers could understand it simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to the attached posts and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conSpicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Michael Ostheirner at (202) 326-2699 or Thank you. Very truly yours, Associate Director Division of Advertising Practices e? Clara Fr on 591: likes tiara Fraud To Be An American. nRedWr..:eAndBIue annyrounh Far Juicy Mans Shoes us maninomayikl Proud to be an Amerlcan? Hahn ucnr? tell mans nuke mussageor goodsth vile-ulna 0925 mean. she us Iwung in Amerau and lh?l': cur Enhanaltty so yes. hee bemg proud to be an Amanmn malws sense :1 UEEPIIE all the brutality stuff 90an on. irlhuls what 'Hahu' about iul ninoudulal?? utcny chuck-mo tony, chicharito IquerclolE 5? - - darulhywan 9 Follow 5.356 likes Monday dallvaryl So OBSESSED with muse #buscam?r smakars? Thanks @buscerni @rnbheppler. can't wall: to wear them! I. . I sell under mail @nalasharoy Iolnminaj @thisdudakiros No way! @[olominal [revs-127357 Baaqu janet?ah All ltjust vanity suaLcee ls the ?schae yup 5Usi__:ea looks Mm 110er United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Eagle Associate Director March 20, 2017 Mr. Thomas L. Millner Chief Executive Of?cer Cabela?s, Inc. 1 Cabela Drive Sidney, Nebraska 69162 Dear Mr. Millner: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides] I am writing to call your attention to the attached Instagram post by Luke Bryan.2 He posts a picture of himself in one of your stores holding a ?shing rod and writes, ?Which one should I get? The Endorsement Guides state that if there is a ?material connection" between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to enSure that appropriate disclosures are made. If your company has a business relationship with Mr. Bryan, that relationship should be clearly and conspicuously disclosed in his endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an 1 I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Thomas L. Millner March 20, 2017 Page 2 endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Mr. Bryan?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.ftc.g0v.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Associate Director Division of Advertising Practices lukebryan Follow 35.31: 1.11": Iu lcebryan one should I at? hannawilson.hwl am your biggest fan over Too many to chose from madi.aci love All of them @lukebrgan blake2562 would like to moat ritazalig They?re all beautiful works of art! But Luke. you should only get that one with a grip that feels like hand In glove. Has just enough play to it. and can cast offas easily as you nead it tolJust make sure lf you're uslng a Batter make it a better one than you might'wa- usually been cnbey29 @tito?adlto All." Full?.1 .1 I ?hd-u? Fh? lfl United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. John Galantic President and Chief Operating Of?cer Chanel USA 9 West 57th Street 44th Floor New York, New York 10019 Dear Mr. Galantic: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.] I am writing to call your attention to the attached lnstagram post by Kristin Cavallari.2 She posts a picture that includes a Chanel product and writes, ?My tried and true crew. I don?t go anywhere without em #FavProducts #Austin #BacheloretteParty.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC stallC guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate discloSures are made. If your company has a business relationship with Ms. Cavallari, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, The Endorsement Guides are published in 16 era. Part 255. 2 The post is available at by=kristincavallari Mr. John Galantic March 20, 2017 Page 2 consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Cavallari?s post and to similar posts by other endorsers. lfyour company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC EndOrsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimerl?ED?cgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices histincevallarl Fallow likes lulsun cavallari Mytried and um: crew. I don't go anywhere without am #FevProducts #Austln #BacheloretteParty mnrgunmcallster ?alwiawi?iamz beaullfulfacesbymellssa What?s the pendi? Iaumaslrehl Iowa Lunar; Unzipped. use it everyday Did you know Saphora quit the Lora: line and Kohl's has plcked It up?! W. At least Kohfs l5- dosar my house keien?russa @merJiar-rley for her jaslcaJsaomull hollypieDE that oribe the Iydie_lnnuine IN AUSTINWEIE Can someone pie nah?d Anna??1 2.1! United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engie Associate Director March 20, 2017 Mr. Riccardo Pozzoli Co-Founder Chiara Ferragni Collection cfo Diana Corp. via S. Daniele 137/139 35038 Torreglia (PD) Italy Dear Mr. Pozzoli: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.[ I am writing to call your attention to some potential issues raised by the attached Instagram post by Lucy Hale.2 She posts a picture of her shoes and writes, got stars in my eyes and stars on ma @chiaraferragnicolletion.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Hale, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?consPicuous,? The Endorsement Guides are published in 16 CPR Part 255. 2 The post is available at 1 by=lucyhale&hl=en. Mr. Riccardo Pozzoli March 20, 2017 Page 2 the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material cunnections by endorsers, you may want to evaluate how it applies to Ms. Hale?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosmes and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.fte.gov.) You may also wish to review the guidelines on online reviews and endorsements published by the International Consumer Protection and Enforcement Network (ICPEN), a network of consumer protection agencies from more than 60 countries. Like the Endorsement Guides, the ICPEN guidance re?ects basic truth-in-advertising principles and provides examples for digital media marketing.3 If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer?bl?caov. Thank you. Very truly yours, Mary K. gle 8 Associate Director Division of Advertising Practices 3 The ICPEN guidance is available at lucyhala 193k likes qurhalo I 9mm In my eyes and stars On ma achlamfemgnioollectlon ?hp! :1 ongolamoppnlu Qmartastoppnto hngatjnrafanpago Lucy. want you to know that your an amazing slngarfowossa'pu'son and I know that mryona gets hot: on social modln. so I justwantad you to know?mtyou how my more fun: than hm, and ham suck! I love you luqd Stay strong! LUCY HALES CLOTHING HEREII I 995mm: ngnilIon Uxu luuismttoos LUCY SCUSAM TU CHARA FERRAGBI AMICHE NO IO Ml RITIRO 0mg low-?3 315. w? Follow i United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Albert Bitten (Jo-Founder The Clean Program Corp. 400 West Broadway 3rd Floor New York, New York 10012 Dear Mr. Bitton: The Federal Trade Commission is the nation?s consumer protection agency. As part of Our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.I I am writing to call your attention to the attached Instagram post by Naomi Campbell.2 She posts a picture of your Clean dietary supplement package and writes, @alej androj ungerl #alejandrojungercleanse #md #clean #cleangutdetox [three muscular arm emojis]." The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Campbell, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at 6d020051mf?taken- by=ianmaomicampbelL Mr. Albert Bitton March 20, 2017 Page 2 should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Campbell?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to you review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other respects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; for example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Associate Director Division of Advertising Practices Fall-aw - 11.45: Ilka: #mcl #clesn #cleangutdetm: '31? T. lumruby'red? I need natalladriare This stuff actually I had My doubis at ?rst because I?ve never thought that any type 0! supplements could actua?y aid In weight lass but a?ar taking 2 before awry meal for about 3 weeks. I had 105m pounds wim bareiy any mlse and a healthy :lleu The ?ns to the website on my page? antuniscnsinu lfelsty Funny Is this copy and posts? Exact wording as other person above? edmikal whats that? . United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Alex Gorsky Chairman and Chief Executive Of?cer Johnson 3; Johnson One Johnson Johnson Plaza New Brunswick, New Jersey 08933 Dear Mr. Gersky: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by Giuliana Rancic."a She posts a picture of her foot next to a Compeed package and writes, ?Can you spot my latest obsession? (Hint it?s on my heel but you can barely see Love high heels. Hate Blisters. Not leaving the house without #CompeedUS in my bag this summer. Check it out @Walgreens #musthave #partner #gsobsessions." The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. It appears that Ms. Rancic has a business relationship with your company. Ms. Rancic?s material connection to your company should be clearly and conspicuously disclosed in her The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at Mr. Alex Gorsky March 20, 2017 Page 2 endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Simply including ?#partner? in an Lnstagram post isn?t likely to effectively convey that an Instagram post is sponsored. One option that may be more effective is In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosore of material connections by endorsers, you may want to evaluate how it applies to Ms. Rancic?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosmes and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available onlinc at business.ftc.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326?2699 or Thank you. Very truly yours, Witt; Associate Director Division of Advertising Practices um? glullanaranck: Follaw 9.729 "has C?n yuu spot my Iabast obsession? [Hlnt It's on my heel but you can beret}- saa Ital) Low high hunts. Hutu Blisters. Not the house wimum #CompaadUS in my has this summer. Chuck out QWBIgraens mum-lava (paws! fgsobsassions h. . 1 m. -- telesaldryakoza mallsij ?jaanIr not sure how It works blig_mo ?mawkaLa-Ju?hlmp rusellnladuca ?nkrzezawskl giultmy IcaLhamlltan Elanmorgida I need mlsi mapymw Memo Ill! Cut. shoes United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Dana Gordon Chief Executive Of?cer Dana Rebecca Designs 676 North Michigan Avenue Suite 3610 Chicago, Illinois 60611 Dear Ms. Gordon: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their reSponsihilities under truth-in-advertising laws and standards, including the Endorsement Guides.I I am writing to call your attention to the attached Instagram post by So?a Vergara.2 Ms. Vergara?s post shows a wrist Wearing nine bracelets, and she writes, ?Wrist full of @danarebecca on set.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Vergara, that relationship should be clearly and conspiCuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at PmVT/?taken- bv=so?avergara8?hl=en Ms. Dana Gordon March 20, 2017 Page 2 in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Vergara's post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.ftc.gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, MaryK. gle iga Associate Director Division of Advertising Practices so?avargara 4' :-Il ml! 75.31: Ilka: 3 sa?wergara Wrist full of @danarebecca on set . .. 7? 2 ovaly31 39mm shlaur 0mg muse are beautiful @natomh Gshayj?z Baau?ful plrnantals @ksran2?16 nldal-d'lanm @kitchenSGS andy2095me: @medicanuic soy tan Ella sshruj negar_64 ll @ohscericaa the one can top looks Ene- diamonds faumeamal ?ndusarnesto- carlusama?la_ Esr?n brutalas Ma . . 4'gt??f?ha h? . m?atlmaJaarnal United States of America FEDERAL TRADE COMMISSION Washington, DC. 20530 Mary K. Engle Associate Director March 20, 2017 Mr. Nigel Travis Chief Executive Of?cer Dunkin? Brands Group, Inc. 130 Royall Street Canton, Massachusetts 02021 Dear Mr. Travis: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Heidi Klum.2 She posts a picture of herself with a Dunkin? Donuts drink cup and writes, ?Guess what i am doing today.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. TC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Klum, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ??conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Nigel Travis March 20, 2017 Page 2 endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Kltun?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkresses-?ftcgov. Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices a haldildum 37k likes heidlkIum Guess what I am doing today 13 .- juiangi Elna allsajabianna Cool m?td??0.74 will Buch sham frau kelingg will Bin Sven mainar Tocl'?er Qt de ult limian @annasophiaJuve 3 mal l- Fc~_llow . United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Sherry Jhawar Director of Smooth Strategies eos Products, LLC 610 Fifth Avenue Suite 4818 New York, New York 10185 Dear Ms. Jhawar: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.] I am writing to call your attention to the attached Instagram post by Rach Parcell.2 Ms. Parcell?s post shows a photo of two cos products, and she writes, ?Sharing a little secret on how I?ve been getting silky smooth skin lately on my blog today! Head over to pinkpeoniescom for all the details (link in bio) @eosproducts." The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Parcel], that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Sherry Jhawar March 20, 2017 Page 2 in their Instagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Parcell?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, - Associate Director Division of Advertising Practices a rachparcell rn-i. 5.100 ?has rachparcali Sharing a little secret on how his baa-1 gelling silky smooth skin lately on my blog today! Head over to pii'lkpeoniesmm for al the details! [link in bin} ?3 behappywithfanhian Want To try imier Now those are some puny peanias anulnnya? I Great post! dbrmarisa mega nlnaarima Lova gas: This cmment has nothing to do wiih nos hurl saw your hubby putting up the shelving on your snap and my husband make the same late! 19 anik.jewalry So beautiful! United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 201ir Messrs. Daniel and Michael Broukhim and Co-Founders FabFitFun, Inc. 360 North La Cienega Boulevard, #33 Los Angeles, California 90048 Dear Messrs. Broukhim: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached lnstagram posts by Jenni ?JWoww? Farley and Jamie Spears.2 Ms. Farley posts a picture of herseif with a FabFitFun box and writes, ?This is some serious #boxgoals right here. So in love with my fall box from @fab?t?in. The ModCloth scarf is so cute and cozy and there are so many new beauty products that I can?t wait to try (like the night serum, eyeshadow palette by Pure Cosmetics, brow gel and so much more! Use code ENNI at for $10 off if you don?t already get their boxes. You will not be disappointed! #fabfit?m Ms. Spears posts a picture of herself with a FabFitFun box and writes, ?Ya?ll, I?m obsessed with the new @FabFitFun Fall boxl! I?ve been using the brow gel and shadow every day and they?ve completely changed my outlook on makeup. You can use the code LS for $10 off at if you don?t already subscribe. .Best decision I?ve ever made. #fab?tfun The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides are published in 16 can. Part 255. 2 The posts are available at 21 th?e/T?taken- by=iwoww&hl=en and Messrs. Daniel and Michael Broukhim March 20, 2017 Page 2 The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. It appears that both Ms. Farley and Ms. Spears have business relationships with your company. Their material connections to your company should be clearly and conspicuously disclosed in their endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. We do not know if consumers will understand it would be clearer if you used ?FabFitFunPartner? or ?FabFitPartner? instead. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Farley?s and Ms. Spear?s posts and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkresses?l?cgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices Iwomv Fo'l-Jw 20.5k likes mew This Is some serious moxgoals right here. So In low with my fall box from @fab?l?m. The ModCloth scarf ls so cute and cozy and there are so many newr beauty products the! i can't wait to by [like the night serum, eyeshadow palette by Pure Cosmetics. brow gel and so much moral Use code JENNI at for $10 off ll'ycIu don?t already get their boxes. You will not be disappointed! #Fffpam'ler . I onw I: serioust so beautiful I dmwesornetlo You're so beautiful lesilewillieme2010 Love mine too! Wish we could hang out with our scarves on and sip co?ee from om new enchantedvoyeges ?lm What kind of 5 Follow 9.703 like: Y'all. I'm obsessed with the new @FathFun Fall hood! l?ve been using me brow gel and shadow every day and mew-e completely changed my outlook on makeup. ?lbu can Use the code JLS for $10 o?'et waab?lfumcom. "you don"t already decision We ever made. ?ab?tfun teiumdevlssolisBB yes the socks are awesome for yoga! I always get good stuff In for yoga] Let me Login - United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Joede Grant Owner Grant Enterprise LLC libli?l I Charlotte, North Carolina Dear Ms. Grant: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagrarn post by Maci Bookout McKinney.2 Ms. McKinney posts a picture of herself holding your Flat Belly Tea product and writes, ?Seriously loving my @Flatbellytea? it?s a part of my routine to stay healthy and active. It gives me that extra push to stay on track &so much energy to keep up with my kids! #DetoxTea [steaming cup emoji] use code Maci for off at [hearts emoji].? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. It appears that Ms. McKinney has a business relationship with your company. Ms. McKinney?s material connection to your company should be clearly and conspicuously disclosed The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at bv=macideshanebookout&hl=er1. Ms. Joede Grant March 20, 2017 Page 2 in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. McKinney?s post and to similar pests by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other respects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; for example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at gov. If you have any questions, please contact Michael Ostheimer at (202) 326?2699 or Thank you. Very truly yours, Associate Director Division of Advertising Practices Fellow 2151! likes moldeehanebookout Seriously loving my @FlatbellyteL - it's a part of my routine to stay healthy and actlve. It gives me that extra push to stay on track 8.: so much energy to keep up with my kids! #DeioxTea I use code Maca_\nrohl looks like he's on drugs right?! in? poor guy eortiza? Macl is my favorite teen morn og. Love her book and as the 90 love how she try?s and get Ryan to be part of life. Kinda like she has 2 sons. Wish 3 lot more moms where like u. caraleeamL @_callieelalne y'all are twins Lol you @_callieelaine for Milan anmandamaMnnm: final: mam than United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Jack Ross Chairman 81. Chief Executive Of?cer Synergy CI-IC Corp. 865 Spring Street Westbrook, Maine 04092 Dear Mr. Ross: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.I I am writing to call your attention to the attached Instagram posts by Nicole Polizzi and Tiona Fernan.2 Ms. Polizzi posts a picture of herself holding your Flat Tummy Tea Cleanse product and writes, ?There?s just NO WAY I?m doing summer without a ?at tummy. It?s time to get summertime and my pack of Flat Tummy Tea has just got here.? Ms. Feman posts a picture of herself with a bare midriff and writes, ?Loving the difference @flattummytea makes to my body. Girls, go get yours today! [hearts emoji] The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with either Ms. Polizzi or Ms. Fernan, that relationship should be clearly and conspicuously disclosed in the endorsements. To be both I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The posts are available at and Mr. Jack Ross March 20, 2017 Page 2 ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has 3. Written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to the attached posts and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and con5picuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They're available online at gov.) Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other respects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; for example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at business.ftc.gov. If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary K. ngle Associate Director Division of Advertising Practices la snookirric a: 35.2klikes 5n ooklnic There's just 0 WAY I'm :10an summer without a ?at tummy. It's time to get summertime ?illne and my pack of Flat Tummy Tea has Just go: hareill got a sale on today atzcm off so if you?re for summer, now's your chance - go check out the sale at ,J?attumn'mau rayroba? Are you the real Snookl from majorsey shore ofso writs me back and tell me what Ts everyone else doing from the show keep me updated thanlr. you 3 xttiona Fol!ow 153k likes 7? xttiona Lovlng the df?erence @?attummytea makes to my body. Girls. 90 get yours today! ?5 #flattummytea @harysalsaedi Curves on point @xttiona read.a_ iiamlogend We def need to kill some sets blackeneseug? @imanzz absovnoo How are you doing sexy by_victorla_secrat @jennyjan voici le style de Cedric Justmgea @eltegardere damn a a 1.- She's pengpong @anassizs bowanfablan United States of America FEDERAL TRADE COMMISSION Washington, DC 205 30 Mary K. Engle Associate Director March 20, 2017 Ms. Samira Asemanfar Ms. Melody Gofred Fred and Far Ilbll?i I Los Angeles, California Dear Ms. Asemeanfar and Ms. Gofred: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in?advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by Amber Rose.2 Ms. Rose posts a picture of a Fred and Far pinky ring and its package, and writes, ?Thank you @fredandfar for yom love and support The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensere that appropriate disclosures are made. If your company has a business relationship with Ms. Rose, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thank you@Fredandfar? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to your company; consumers could understand it simply to mean that the person is a satis?ed customer. In The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at Ms. Samira Asemanfar Ms. Melody Gofred March 20, 2017 Page 2 addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagrarn streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Rose?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, Y1 Mary K. ngle Associate Director Division of Advertising Practices ambamse 'i 23k likes ambanasa Thank you Oh cdandl?ar [or your love and mpport alarmariadecannlna LI: ??erannd Chad-c yaur 0M muvaJ need to getyou In one of my cups 5 ?amberrose Ele EenutyFULL. be Follow us! Jammy CHECK OUT MY INSTAGRAM TO LEARN HOW TO MAKE SOME EASY QUICK CASH DM ME OR TXT FOR MORE INFORMATION ALL YOU NEED IS AN ACTIVE BANK ACCOUNT ND CASH l5 NEEDEU THE ACCOUNT AT inybailyZEB Justin copled yaur hair brandon3.uushy Who are hmndon?mrasbv} don?t know who United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Anthony Fletcher Chief Executive Of?cer Nature Delivered, Inc. 25 Colony Road Jersey City, New Jersey 07305 Dear Mr. Fletcher: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.] I am writing to call your attention to the attached lnstagram post by Vanessa Hudgens.2 She posts a picture of herself with a box of your Graze products and writes, ?I?m obsessed with @grazeusa Snacks just make life better. #GrazeSnacks.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Hudgens, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspiCUous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=vanessahudgens . Mr. Anthony Fletcher March 20, 2017' Page 2 three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Hudgens?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conSpicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publicatioa, The FTC Endorsement Guides: What 'People are Asking. (They?re available online at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, was Mary K. gle Associate Director Division of Advertising Practices vanessahudgens Follow 269k Ilkes 1' .u vanessahudgens I'm obsessed with @grazeuaa .0 Snacks Just make llfe better. #GrazeSnacks .. 71": cr _kc amarrt5_ Holy crap? @_cam.king_ _cam.ldng_ lkr. I want more High school musical 1: @_kc?ements_ malubragad ease foto me lembrou w: @ana_lobe panesarrh @commedesnina 0k legit you look alike here commedesnlna can sort of agree with you on one panesarr._ @cornmedesmna but you do look like her though don't youO nehe_B romi x5 immune #Grazefulldazefull I I I. A. i I. United States of America FEDERAL TRADE COWISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. James Hill, Founder Hairburst Limited 4 Allerton Hill Chapel Allerton LS7 3QB, Leeds United Kingdom Dear Mr. Hill: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the TC's Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by Valentina Vignali.2 Ms. Vignali posts a picture of herself holding a bottle of your Hairburst product and writes, ?I'm trying the new chewable @hairburst hearts! Simply chew two hearts per day to give your hair all the vital ingredients it needs. Hairburst will protect your hair this winter and will reduce breakages.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Vignali, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. James Hill March 20, 2017 Page 2 the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Vignali?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other respects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; for example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at You may also wish to review the guidelines on online reviews and endorsements published by the International Consumer Protection and Enforcement Network (ICPEN), a network of consumer protection agencies from more than 60 countries. Like the Endorsement Guides, the ICPEN guidance re?ects basic truth-in-advertising principles and provides examples for digital media marketing.3 If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary K. ngle 2 Associate Director Division of Advertising Practices 3 The ICPEN guidance is available at valentinavignali Matera Citta dei 18.4k likes valentinavignali I'm trying the new chewable -c.'zahairbur5t hearts! Simply chew two hearts per day to give your hair all the vital ingredients it needs. Hairburst will protect ypur hair this wirIIEr and will reduce breakages. Order now from ?31] hulrhur51.com #Hairburst #HealtyHair #Lovelt anaauv u-?ul aspassop bDIleE illegall 'ri-valentinavignali raulinoj' Cool maxcasablancas Anche spellata. salvatorescribani Compa compriamoci ste monchia di caramelle ahahhaha @anthony,_nobile gaglia? Hai dei peli in mezzo alle zlnne.. lance911s Funziona di pi? la r. cornn Log in Follow i ll] United States of America FEDERAL TRADE COMMISSION Washington, DC. 205 80 Mary K. Engle Associate Director March 20, 2017 Ms. Leyla Milani-Khoshbin Khosh Milani Enterprises LLC 18071 Fitch Suite 150 Irvine, California 92614 Dear Ms. Milani-Khoshbin: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under hum?in-advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by Lilly Ghalachi.2 She posts a picture of two women holding bottles of HAIRtamin vitamins and writes, ?0mg that HAIR @HAIRtarnin Hair Nourishing Vitamins have helped me so much and I can?t wait to get results like the beautiful @laurabadura @klaudiabadura have from taking them! #GhalichiGlam #HAIRtamin.? The Endursement Guides state that if there is a ?material connection? between an endorser and the marketer of a product - in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Ghaiachi, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at wkyiNHU/?Ptaken- Ms. Leyla Milaninhoshbin March 20, 2017 Page 2 should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consnmers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Ghalachi?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking- (They?re available online at Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other respects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; for example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at business?cgov. If you have any questions, please contact Mamie Kresses at (202) 326?2070 or mkressesQD?cgov. Thank you. Very truly yours, MaryK.E Associate Director Division of Advertising Practices a Falls-w 6.901 likes 0mg that HAIR Vitamins have helped me so much and I can't wait to get results We the beautiful S?aurabadura 2M Judiabndu'a have from taking lhem? seashore20 I?ve JLISI started using them anna_kondulinskaya 655515 fatiLQE :gmg'n 5,4. Audi}. :u _mnkeup a; ,a I I zuneraserena luv It madhafashiqn2d USE- coconut ml luxury4lease I can feel my ha? getting thicker Me: 3 monlhz. usage. I lost a Lat United States of America FEDERAL TRADE COMMISSION Washington, DC. 205 80 Mary K. Engle Associate Director March 20, 2017 Mr. Dominik Richter Chief Executive Of?cer HelloFresh AG 37A Saarbrticker StraBe Berlin, 10405 Germany Dear Mr. Richter: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides] I am writing to call your attention to the attached Instagram post by Caroline h/Ianzo.2 She posts a picture of herself in the kitchen with a Hello Fresh delivery and writes, ?Keepng on my healthy kick in the kitchen tonight with @hellofresh. Since all the fresh ingredients are pre- measured for perfectly portioned meals, I don?t have to think about meal planning and can just start cooking! Love that I have @hellofresh to switch it up when I just don?t have the time to grocery shop and meal prep. Give it a try with my code ?FreshCaroline? for $35 off your ?rst healthy week at hellofreshcom #fallmeals #healthy #hellofreshpics The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=carolinemanzo&hl=en. Mr. Dominik Richter March 20, 2017 Page 2 It appears that Ms. Manzo has a business relationship with your company. Ms. Manzo?s material connection to your company should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Many consumers will not understand to mean that the post is sponsored. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Manzo?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosores and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.?c.gov.) You may also wish to review the guidelines on online reviews and endorsements published by the International Consumer Protection and Enforcement Network (ICPEN), a network of conSumer protection agencies from more than 60 countries. Like the Endorsement Guides, the ICPEN guidance re?ects basic truth-in?advertising principles and provides examples for digital media marketing} If you have any questions, please contact Mamie Kresses at (202) 326?2070 or mkresses@ftc.gov. Thank you. Very truly yours, ?74. Mary K. ngle Associate Director Division of Advertising Practices 3 The ICPEN guidance is available at I Fellow a carolinemanzn 3.915 likes carulinemanzo Keeping an my healthy kick in the kitchen tonight with hellofresh. Since all the fresh ingrediems are pre-rneesured for perfectly portionecl meals. I don?t have to think about meal planning and can just start cooking! Love that I have Flhellofresh to switch it up when [Just don't have the time to uracery shop and meal prep. Give it a try with my code "FreshCaroIine' for $35 off your ?rst healthy week at hellofreshxom #?Fallmeals #healthy #hellofreshpics #sp it": .1: gleen'iyi?ai'lingmI Nlce idea but expensive for what you get jcaffa? Ga you! You've always been one of my faveritei You keep it real. And, lave that cuttan board! Like pumpernickel swirl did Van nut it? Lagin. A United States of America FEDERAL TRADE COMMISSION Washington, DC. 205 80 Mary K. Engle Associate Director March 20, 2017 Mr. Rilwan Hassan IO Moonwalkers, Inc. 800 Annadale Road Staten Island, New York 10312 Dear Mr. Hassan: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement (.iuides.l I am writing to call your attention to the attached Instagram post by Allen Itterson.2 He posts a picture of himself holding an 10 Moonwalkers box and writes, ?Thanks to @io_moonwalkers for my board!! Much love #TheAnswer.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC sta? guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Mr. Iverson, that relationship should be clearly and conspicuously disclosed in his endorsements. To be both ?clear? and ?conSpicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thanks to @io_moonwalkers for my board!? is probably inadequate to inform consumers of a material connection because it does not sufficiently explain the nature of the endorser?s relationship to your company; consumers could understand it simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to I The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at Mr. Rilwan Hassan March 20, 2017 Page 2 look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consnmers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Mr. lverson?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.ftc. gov.) If you have any Questions, please contact Mamie Kresses at (202) 326?2070 or mkremeng?cgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices theof?cialai? 23.4}: Incas .- theo?icialai?a Thanks to for my board? Much love .. #TheAnswer . 5, glutenfreejasedkstenks namlrault Ewan-lb 5 nging_candy_lady I you 5 shearnomy @domborHIL Shimme? cabaynepOZ? . justasimplemane @?sjahredb @dank?ip alien {anus I shanex21s_ @jpcrazyoz maina?SDOO Te: 3 Neck gibs'?? ?scotte: nodwin scotiegnadwin @gibsTlE HELP mr_br19ht Duesnt seem happy bout 9 the board? ?JicoJ. Eben lucn United States of America FEDERAL TRADE COMMISSION Washington, DC. 205 80 Mary K. Engle Associate Director March 20, 2017 Ms. Josie Maran Founder and Chief Empowerment Of?cer Josie Maran Cosmetics, LLC 6165 Santa Monica Boulevard Los Angeles, California 90038 Dear Ms. Maran: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities Under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by Behati Prinsloo.2 She posts a picture of one of your company?s products and writes, ?Obsessed with this @josiernarancosmetics all natural argan oil balm with vitamin The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Prinsloo, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the first I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=behatiprinsloo. Ms. Josie Maran March 20, 2017 Page 2 three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Prinsloo?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides apprOpriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (T hey?re available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices . behaliprinslno FolIm-I . 53k likes hahatlplinslao Obsessed wl?Fh this @joslemarsnnosmetim; a? natural argan all harm with vitamin i 'l bemudezlauren @Mnnisfer4c SUS PIES UF L05 AME) c1ndyc Love a bit of sparkle! @behatilprinsloo angelabassgal how do Ilka to use it? analsabelm Mira @naturasnimal ls plnrura de ui?las qua ta regal: Love all herstuf? @arturcamara aqualas 3 no dado 59.0 a mtuagam nlianqa dela halatpaula ?alessandmferrara? niessandmfermma Ma est?n dando escalm'nos @batatpaula United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. David Suliteanu Chief Executive Of?cer Kendo Brands, Inc. 525 Market Street, 15th ?oor San Francisco, California 94105 Dear Mr. Suliteanu: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Anna Petrosian.2 She posts a picture of your company?s Lock?It Collection products and writes, ?I?ve heard so many amazing reviews about the Lock-it Collection- by @katvondbeauty Can?t wait to show and tell! [emoji] #LockItRevolution." The Endorsement Guides state that if there is a ?material connection" between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Petrosian, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, censumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. David Suliteanu March 20, 2017 Page 2 Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Petrosian?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326?2699 or mostheimen?l?og?. Thank you. Very truly yours, Mary K. ngle gx? Associate Director Division of Advertising Practices annapetrusian_ 1.040 likes . annapetrosian_ I've heard so many Jmazlng rewews about the Calla-chum by 1.1-catv0ndbeuuty Can't wall to show and magdalenaxxo Dm me rF wanna get fr ea stuff: makeup. mamas. . phone cases . No bus abbycarrascn_ The foundation 15 so good only skim! ,curri_g xGxO.amira 15531! ail time favorite foundation! _mfchelle _1959 fanoula132? Iowa 1[ And no you katvondbeauty victoriuJJB onnapetrc-Jmn ca n?t .I.-. -3 United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Brian J. Driscoll Chief Executive Of?cer Diamond Foods, Inc. 1050 Diamond Street Stockton, California 95205 Dear Mr. Driscoll: The Federal Trade Conunission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Shay Mitchell.2 Ms. Mitchell?s post shows a photograph of Kettle brand potato chips, together with a glass of wine and playing cards, and she writes, ?My kind of day #weekendgetaway.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosnres are made. If your company has a business relationship with Ms. Mitchell, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Brian J. Driscoll March 20, 2017 Page 2 Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Mitchell?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing ene that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What Peeple are Asking. (They?re available online at gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, Associate Director Division of Advertising Practices 0 Fnllaw 193k likes -.J shaym My kind of day Mgkendgetaway . ?t callmecutenndbuymeplua Us llamhispack WOW _pretw_1m19_emLson_?? manon_lprl ErudlIajcb dlngue lucilEeJcb Lars meillwras dips Bu monde ?manoanrl manuan? @thillajcb je na savais pas qu'elles avalant eu un succ?s thisismumaen_ @manneicbl @IizziaJIS DIJON izabela?wwa WI ninipugll Les Garters serum des ?d'aas da francais ma Charla @emmuloLIJu jkjamh msurLEIr Bai uns Euch so we 1' United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20530 Mary K. Engle Associate Director March 20, 2017 Ms. Tracey Sameyah, CEO Harold Lancer, MD. Lancer Skincare, LLC 400 N. Rodeo Drive, Suite 3F Beverly Hills, CalifOrnia 90210 Dear Ms. Sameyah and Dr. Lancer: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the FTC ?3 Endorsement Guides.1 I am writing to call your attention to the attached Instagrarn post by Victoria Beckham.2 Ms. Beckham posts a picture of Lancer?s Contour D?collete product and writes, ?Loving this new contour Decollet? by my friend @drlancerrx kisses from Los Angeles us The Endorsement Guides state that if there is a ?material connection" between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear item the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. While Ms. Beckharn?s Instagram post refers to Dr. Lancer as a friend, it does not indicate whether she has a ?nancial or other business relationship with Lancer Skincare. If your company has a business relationship with Ms. Beckham, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand Out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at bv=victoriabeckham Ms. Tracey Satneyah, CEO Harold Lancer, MD. March 20, 2017 Page 2 Instagrarn streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many conSumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Beckham?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Marnie Kresses at (202) 326-2070 or Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices . Follow 503k likes victoriaheckham Lm?ng this new contour D?collet? by my frieml @drlancemc kisses from Los Angetes vb :n . .. I katjaminski Hll? alas such? catherin Nice armyguy_ben Make am An Active Bank Account i Tact 12246990757 Or Dire-d Message II Me For More Information. islommn_of?cial @victoriabemham princessadatskayaj?jvl @masondmc a?i @fridaedlunds '9 eringE-Laxpe?en ce Fee-l Fantastic aisha_nll.x @adaelaxaii @sxaaiLX amcblog Take look at the Qubie makeup United States of America FEDERAL TRADE COMMISSION Washington, DC). 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Tim McMeekan Chief Executive Of?cer Lerac Cosmetics, LLC 29025 Avenue Penn Valencia, California 91355 Dear Mr. McMeekan: The Federal Trade Commission is the nation's consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by Kristin Cavallari.2 She posts a picture that includes one your company?s products and writes, ?My tried and true crew. 1 don?t go anywhere without em #FavProducts #Austin #Bachelore?eParw.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of?ce products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Cavallari, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consmners viewing posts in their lnstagram streams on mobile devices typically see only the ?rst The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at by=kristincavallari. Mr. Tim McMeekan March 20, 2017 Page 2 three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Cavallari?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, 1 have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, was Mary K. gle Associate Director Division of Advertising Practices a hislincnvullali i Fallow 8.140 Ilka: My tried and hue u'an don?t anywhere win-taut am #FavProduc? #Austln rancheloretterrty - . I v. @olivinwilliamz beautifu?nceshymellssa What's the pandl? I love Lora: Unzipped. use it everyday. Did you know Saphora quit carrying the Lora: llne and Kphl's has picked it up?wth. At least Kohl: is closer to my house @merJIanlay for her JmlcaJssomu? hollypiao? that oribe 1110 Iydia?lamline IN (E) Can someone hula?l nan?nil h??J United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Aihui Ong Chief Executive Of?cer EdgiLife Media Inc. 63 Bovet Road, Suite 519 San Mateo, California 94402 Dear Ms. Dog: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Chelsea Houska.2 She posts a picture of herself with one of your Love With Food boxes and writes, ?In love with my #LoveWithFood Snack Box. The snacks are perfect for Aubree?s lunch and my pregnancy cravings.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If year company has a business relationship with Ms. Houska, it should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspiCuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their 1 The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at by=chelseahouska Ms. Aihui Ong March 20, 2017 Page 2 Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Houska?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available Online at business.ftc.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Mary K. ngle Associate Director Division of Advertising Practices Very truly yours, chelseahouska Follow 51k likes 13w chelseahouska In love with my #LoveWithFood Snack Box. The snacks are perfect for Aubrees iunch and my pregnancy cravings. For every box sold at least one meal is donated to a food bank! Check out @iovewithfood 's bio for 25% off your ?rst deluxe bond! Viv 96 commer'fs arena52005 How do get it on how much People moaning about advertising that's how she makes her money! Would you expect someone their eyes at you at your work becaUSe you were working 3- seriously get over in Not like every post ls advertising! Even If It was just unfollow!? mellsrodz @iesrodz since you said you wanted to get a snack box subscription sighed_a_ That's it Just one meal? $40 dun-n than. Ann. lulu-bl? min a? United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Eagle Associate Director March 20, 2017 Mr. Michael Katz Owner Matisse Footwear 110 Maryland Street El Segundo, California 90245 Dear Mr. Kata: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached lnstagram post by Troian Bellisaro.2 Ms. Bellisaro posts a picture of a pair of boots and writes, ?My favorite new way to kick the shit out of Sunday. Thank you @understatedleather dc @matisse_footwear.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Bellisaro, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thank you @matisse_footwear? is probably inadequate to inform conSumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at by=sleepinthegardn&hl=en. Mr. Michael Katz March 20, 2017 Page 2 your company; consumers could understand it simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers mayjust skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Bellisaro?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Marnie Kresses at (202) 326?2070 or Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices 6 alaapinthagardn Follow I 114k "Ira . i My fax-coma new way to the out of Sunday. Thank you @undalstatedleather E: @ma?ssajoohwear . . I slylaltup Fashion fashion leila_1534 That is cute ahlgalltori You Inspired me to start aarTal mankyou I love it a I realty admlre you for awry-thing 8: hope life lets you see Into its crazy aduorrlur and its memo?sing moments for marry years to normal think you're damPLL wantonais beautiful hops you're well and keep 90an mvi2157 Nice Babwym alias}?! fa United States of America FEDERAL TRADE COMMISSION Washington, D.C. 205 80 Mary K. Engle Associate Director March 20, 2017 Mr. Andy Benson Vice President CytoSport, Inc. 4795 Industrial Way Benicia, California 94510 Dear Mr. Benson: The Federal'Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by Nina Agdal.2 She posts a picture of herself in the corner of a boxing ring and writes, ?Spent my morning in the ring with @MuscleMilk @BoxingNapoleon [emojis of a trophy and a muscular arm] #StrongerEveryday.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Agdal, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at bv=ninaagdal&hl=en. Mr. Andy Benson March 20, 201? Page 2 in their lnstagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Agdal?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other respects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; fer example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, deaf" Mary K. gle Associate Director Division of Advertising Practices a; ninaagdal rFoliow Overthrow New 314k like: 6w nlnaagdal Spent my morning in the ring with @MuscleMilk #StrongorEveryday vi ?v 25? coroner-.3 pdxalden Sexy AF dnedoarchagnell] If nudity is civillzation. so that animals are more clvillzed than human beings .. tana_mongeau1112 "r 5.. in emy?lshlanl @nad_ouch_k hen?bijoux cute 5_star_woman UV. . i a $5 thealphawolfrunnar ?sz nice work United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 . .. Mary It. Engle Associate Director March 20, 2017 Mr. Brian Goldner Chief Executive Of?cer Hasbro, Inc. 1027 Newport Avenue Pawtucket, Rhode Island 02862 Dear Mr. Goldner: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.I I am writing to call your attention to the attached lnstagram post by Vanessa Hudgens.2 She posts a picture of herself with a My Little Pony and writes, ?Tomorrow is @MyLittlePony Friendship Day! Don?t forget to #FrienditForward and do something nice for your bestie.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Hudgens, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Brian Goldner March 20, 2017 Page 2 Therefore, an endorser should disclose any material connection above the ?more? button. In addition; where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Hudgens?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conSpicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimert??ftcgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices 0 vanessahudgens Fang-n 501k likes vanessahudgens Tomorrow is Friendship Day! Don't ferget to A'1FnE-ruziitForMer and do somethan nice foryour nestle. 305? 1fandorn.lyf1 knew this was going to get extra likes because of a fandom. bitch ?mariannesw de 41; man'annesvj Guiana dib 9 ma! _._asadova_eva Bax bu nturms happyleenagagirl OMG SHE LIKE MY LITTLE PONY THIS MAKES HER SO MUCH MORE foreignapoilo Zanessa igna_vrx nestefama no 2: no United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Dire ctor March 20, 2017 Ms. Maria Hatzistefanis Chief Executive Of?cer Rodial Limited 272 King?s Road Chelsea, London SW3 SAW United Kingdom Dear Ms. Hatzistefanis: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Ciruides.l I am writing to call your attention to the attached Instagram posts by Emily Ratajkowski and Ashley Benson.2 Ms. Rataj kowski posts a photo of herself holding a container of Nip Fab Glycolic Fix Night Pads and writes, ?Thanks @nipandfab for these insane glycolic night ?x pads. Ready for my bday week [airplane emoji] @mrsrodial #nipandfab." Ms. Benson posts a photo of herself holding a can of Nip Fab Dragon's Blood Fix Plumping Serum and writes, ?@nipandfab Dragons Blood Serum is great, it hydrates my skin like nothing else! Thanks @ultabeauty @mrsrodial #nipandfab The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidanCe makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The posts are available at and Ms. Maria Hatzistefanis March 20, 2017 Page 2 It appears that Ms. Benson has a business relationship with your company. Ms. Benson?s material connection to your company should be clearly and conspicuously disclosed in her endorsements. If your company has a business relationship with Ms. Rataj kowski, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?thanks @nipandfa is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to your company; consumers could understand it simply to mean that the person is a satis?ed customer. Furthermore, many consumers will not understand to mean that a post is sponsored. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to the attached posts and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at You may also wish to review the guidelines on online reviews and endorsements published by the International Consumer Protection and Enforcement Network (ICPEN), a network of consumer protection agencies from more than 60 countries. Like the Endorsement Guides, the ICPEN guidance reflects basic truth-in?advertising principles and provides examples for digital media marketing? If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkressesfdiftcgov. Thank you. Very truly yours, Mary K. ngle Associate Director Division of Advertising Practices 3 The ICPEN guidance is available at emrata Fallow 230k "Ices emrata Thanks @nlpandfab for these Insane glycollc night lb: pads. Ready for my bday weak mrarodial #nipandfab V: . "l thapen nydOSEt_ Perfadi my kind of body goat {look more at hat lg) hanlamalhaa @loulwana? ruby_pattla @Iivainnaman @stallabougg sexy danialaanm @lerfeduarda Ian adraamar Bella ?gn @dalrespeach?l? you ilaprleto E39 beautlful eyebrows mendaLa Marry ma 0 ?mm? 312k llkes luaahhanzo @nipandfab Dragons Blood Serum [5 great. it hydrates my skin Ilka nothing alsel Thanks @ultabeauty Wrerial #nipandfab #sp all 634 Law'n. 1?s mariia.51 3?3'6 :9 E55 allseabrahamaan @pauulsenn OMG Hannah just loves watchan y?all Show every and wary single day angefayasttL @almu_gm95 @cellaramlra anniapaattle @Becklebird she is life larlasapw @nanyneraa @alanlewrren Lawkay always wanted to try this moisturlzer cybalaxo @bamlaluca angelarozs? Yass Ashley ur so hot damn United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 MQW K. Engle Associate Director March 20, 2017 Mr. Hugh McGuire Chief Executive Of?cer Glanbia Performance Nutrition, inc. 3500 Lacey Road, Suite 1200 Downers Grove, Illinois 60515 Dear Mr. McGuire: The Federal Trade ommissiOn is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached lnstagram post by Denice Moberg? She posts a picture of your company?s Nutramino products and writes, ?This is a new pre workout product from @nutramino [emoji] I have tried it a couple of times now and WOW I like it The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the conununication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Moberg, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=deniceemoberg Mr. Hugh McGuire March 20, 2017 Page 2 in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers mayjust skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Moberg?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and consPicuOus. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer??) ftc. gov. Thank you. Very truly yours, Mary K. gle 2 Associate Director Division of Advertising Practices deniceemobnrg Follow 1.573 llkes 8w danfceernnbatg This ?rs a new pre workum product from @nutramtno I have tried It a cuuple of tlmes now and WOW like It. you can read more about them on the blog @deniceernoberg 0 denlceemaberg #Nutramlno #denlceemoberg #Icaniwill ?tness #?fspo #wurkaut #gym #training #healthy #get?t #eatclean #exercises .I?workomvldeos #recipes #?ex #lnsta?tness #gym #tralnhard Medication #muscles #shredded #ginswholi? #glutes #trainlikeagirt #noexcuses #gi?mholi? Log in or cc. -nt. '0 United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Ian Danney Owner Optimum EF Formulations LLC 9495 East San Salvador Drive Scottsdale, Arizona 85258 Dear Mr. Denney: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by James Harrison.2 He posts a picture of Optimum EFX products and writes, ?The only products I use to optimize my workouts recovery process are created by @optimumefx. You can get them all for 15% off with the code: Deebol 5 at OtirnumEFX.com!" The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. Apparently, Mr. Harrison has a business relationship with your company. Mr. Harrison?s material connection to your company should be clearly and conspicuously disclosed in his endorsements. To be both ?clear? and ?conspicuous,? the disclosore should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Ian Danney March 20, 2017 Page 2 devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Mr. Harrison?s post and to similar posts by other endorsers. if your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, 1 have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other respects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; for example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at business.?c.gov. If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkresses@ftc,gov. Thank you. Very truly yours, Associate Director Division of Advertising Practices therrlson92 I I 2,088 likes? jhharrlsen92 The only products I use to optmize my workouts a recovery process are created by @optlmumefx. Wbu can get them all for 15% 011' with the code: Deebms at OptimumEFX.coml jesee_dbe 1 hxil.ia.lffe.#100 titsbul?ghfeeleis? @an theinstanucc @nfl Itaaddens me that there are certain hard athletes that get singled out so blatantly and have to deal with harassment [probany on a day when some lime, alone time, and some nice quality family time have already been Let the men work and rnn?mln hit United States of America FEDERAL TRADE COMMISSION Washington, DC 20530 Mary K. Engle Associate Director March 20, 2017 Mr. Jake Munday Co-owner and Director Pearly Whites Australia 21:21 Rutland Street Newtown, VIC 3351 Australia Dear Mr. Munday: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.? I am writing to call your attention to the attached Instagram post by Scott Disick.2 He posts a picture of himself holding a Pearly Whites box and writes, ?Getting my teeth 4th of July ready! introduced me to coconut charcoal infused whitening strips! Check out #nosensitivity #ad The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. Apparently, Mr. Disick has a business relationship with your company. Mr. Disick?s material connection to your company should be clearly and conspicuously disclosed in his endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at Mr. Jake Munday March 20, 2017 Page 2 language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagrarn streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Mr. Disick?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at You may also wish to review the guidelines on online reviews and endorsements published by the International Consumer Protection and Enforcement Network (ICPEN), a network of consumer protection agencies from more than 60 countries. Like the Endorsement Guides, the ICPEN guidance re?ects basic truth-in-advertising principles and provides examples for digital media marketing.3 If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, 3369. Mary K. gle Associate Director Division of Advertising Practices 3 The ICPEN guidance is available at la? let?lhelardbewithyou CHOW . 118k likes lenhelordbewithyou Gettan my teeth of July ready? introduced me to coconut charcoal Infused whttenmg strips! Check out =nose'151twily rad {w z_sofiszenyeri of met. lam maar :23" bebyfacee Handsome my husband saydeekuh Tarn cruise aziannegladu princesstener Charhe.? daiwayssunny?tx Bpaau u23!auru 23 auri 23Iauri - Bpauu heksIQ??l I. ram-T mi: mam United States of America FEDERAL TRADE COMMISSION Washington, DC. 20530 Mary It. Engle Associate Director March 20, 2017 Mr. Ferit Rahvanci Manager Pinner USA, Inc. 8400 River Road, Suite 2D North Bergen, New Jersey 07047 Dear Mr. Rahvanci: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses aboat their responsibilities under truth-in-advertising laws and standards, inciudin the FTC's Endorsement Guides.] I am writing to call your attention to the attached Instagrarn post by Lindsey Lohan.2 She posts a picture of herself holding a Pinnertest box and writes, just got the Pinnertest, Food Intolerance Test even ?healthy? vegetables can cause weight gain and diseases which is something to be conscious of. You can find out for yourself with @pinnertestusa Check out Wanpinnertestcom #foodinlolerance #natural.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Lohan, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts 7 I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Ferit Rahvanci March 20, 2017 Page 2 in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Lohan?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at gov.) Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other reSpects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; for example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at gov. If you have any questions, please contact Marnie Kresses at (202) 326?2070 or Thank you. Very truly yours, Associate Director Division of Advertising Practices 9 tindsaytohan Follow 29.2}: likes zc lindsaylohan lJust got the PinnertesL Food intolerance Test even 'heatthy' vegetables can cause weight gain and diseases which is something to be conscious of. You can ?nd out for yourself With :1 pinneneatusa Check out #foodlntolerance knaturnl C4 7 . "9931.1" n. z-ti mariamakadji Je vais machete: saje pense st iakt confession_sucree urnanamakadj' nin be son ka 1 daimm mainaii maggiemehamiiton c'thannai?l [enamarla_s ridellafarfaliina undergtoundrebell pin-ting pregnant redhead :1 forever love you xoxo evelyniorenaof?ciat HJeonnettegnbneTle - United States of America FEDERAL TRADE COMMISSION Washington, DC. 205 30 Mary K. Engle Associate Director March 20, 2017 Ms. Cheryl A. Bachelder Chief Executive Of?cer Popeyes Louisiana Kitchen, Inc. 400 Perimeter Center Terraces, Suite 1000 Atlanta, Georgia 30346 Dear Ms. Bachelder: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.I I am writing to call your attention to the attached Instagram post by Kourtney Kardashian.2 She posts a picture of herself eating fried chicken on what appears to be a private jet plane and writes, ?Popeyes on the PJ. #cheatday.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Kardashian, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagrarn streams on mobile devices typically see only the ?rst The Endorsement Guides are published in 15 can. Part 255. 2 The post is available at oY/?taken- gfkourtnevkardash. Ms. Cheryl A. Bachelder March 20, 2017 Page 2 three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Kardashian?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, 1 have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.ftc.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer?i?ftc. gov. Thank you. Very truly yours, Mary K. r?ile Associate Director Division of Advertising Practices Ile- kourtneykardash Fallow 423k likes kuu eykardnah Popeyes on the PJ. #cheatday xv. gi ?rm-r - glzupl Nosotros vl?a chills xD @dubmanelsonf joaycrackdamnck What did you get me? It goes down on the atiyndasani @aamnasaher papayaUnited States of America FEDERAL TRADE COMMISSION Washington, DC 20580 Mary K. Engle Associate Director March 20, 201??r Mr. Jay Piccola President and General Manager Puma North America, Inc. 5 Lyberty Way Westford, Massachusetts 01886 Dear Mr. Piccola: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in?advertising laws and standards, including the FTC ?5 Endorsement Guides.l I am writing to call your attention to the attached Instagram posts by Zendaya and Bella Theme.2 Zendaya posts a picture of pink Puma footwear and writes, don?t even wanna to wear them they so beautiful [emojis] @badgalriri @puma.? Ms. Theme posts a picture of her feet in Puma sandals and writes, ?Yesterday #vibes #happymemorialday.? The Endorsement Guides state that if there is a ?material connection" between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with either Zendaya or Ms. Thorne, that relationship should be clearly and conspicuously disclosed in the endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. The Endorsement Guides are published in 16 can. Part 255. 2 The posts are available at by=zendaya&hl=en and bv=bellathome&hl=en. Mr. Jay Piccola March 20, 2017 Page 2 Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to the attached posts and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What PeOple are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer??c.gov. Thank you. Very truly yours, fl!? Mary KB 1e Associate Director Division of Advertising Practices . zendaya 1 Follow 529k like! ?5 . zendayn I don't even wanna wear them they so beautiful @badgalnri @pume .-. Ex? - beddaJlly lwentyo buy one hutl tang [321995 @enllcakl'resle eplninn?? anlltakhusla glee-199$ no evenalia_ OMS d1enna_nicole ?mayenanell 0mg ls me lol "so lets? mayananell Lol 96. L01 mad late?Q 99 ?chenonmlcole Chen auicole Lol 6 super son-y @n?l eyenanell No worrI Q. Echenouicnie get these for lhe pool a Qienmcaner 0 bellelhome Yesterday Nbes fheppymemorlalday M122 @kenzledowns why put people down Icenzledowns akst? itwesn't really a derogatory statement you need a sense of humor quit eel:ng like everythang l5 serious Icy-J?! lenzledowns stfu deumun_?l3 @kenzledowns it seems as lho when @kyaJlZ ?nally renllzed she couldn't win the erg umentshe has to some out with ?Shh? so she at least has to say lal. KenzIa-1 Kay devcuonJS Kay-O mndaoph @channeltL HAVAIM HAPPENED YO HER LEGS chann elh_ @mndooph United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Marv It. Engle Associate Director March 20, 2017 Ms. Whitney Tingle Chief Executive Of?cer Sakara Life, Inc. 580 Broadway, Suite 210 New York, New York 10012 Dear Ms. Tingle: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Sophia Bush.2 She posts a picture of a Sakara breakfast product and writes, ?Going plant-based for at least 2f3 of my meals, with the help of my #SuperS oul Sisters @sakaralife. Week 2. Loving this #veganbeforesix #consciousliving #babysteps The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC stan guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Bush, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?con5picuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer ?1 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Whitney Tingle March 20, 2017 Page 2 post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, yen may want to evaluate how it applies to Ms. Bush?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at gov.) If you have any questions, please contact Marnie Kresses at (202) 326-2070 or mkresseng?cgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices saphiebuah Follnw 25k Ilkes euphlebush Golng plant-based for at least 2.3 of my meals. the help #SuperSoul Sisters Week 2. Loving this hegembeforesix #conscleusliving #bebyeteps I'd Ilka to clarify for everyone who feels the need or to comment on my choices. l'rn shen?ng bam?se I'm a fan of thawed. and new this incredible company works. I'm not sharing this so you can tell me what to do. how to live. or how this uholca I'm making somehow Isn?t mugh. My body. My d10ices.My llfe. Celebrate what people do well. If that's not eneth for you. do better in 1mur own life and save wurjudg emem for yourself. Cheers. United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Richelieu Dennis Chief Executive Of?cer Sundial Brands LLC I 1 Ranick Drive South Anutyville, New York H701 Dear Mr. Dennis: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Massy Arias.2 She posts pictures of three of your company?s Shea Moisture products and writes, ?My skin care and need a slick pony tail after this crazy leg day? hair trick @Sheamoisture4u African Black soap Mud mask, Coconut oil, And Jamaican black castor oil styling lotion. If you queens haven?t heard of African black soap, then it?s time you do.. . The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Arias, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Richelieu Dennis March 20, 2017 Page 2 in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Arias?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?c. gov.) If you have any questions, please contact Michael Ostheimer at (202) 326?2699 or Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices l- massy.arias Ll 7.759 likes massy.arias My skin care and "i need a siick pony tail after this crazy leg day? hair trick @Sneamoisture-?ru African Black soap 8: Mud mask. Coconut oil. And Jamaican black castor oil styling lotion. If you queens haven't heard of African black soap. then it is time you do. ifyou sweat as much as I do on a regular basis and tend to break out. orjust you have amefblemish prone skin. this soap and mask are bomb?com {same maski had on Satorday on Snap-chat: use coconut oil to moisturize my skin, to wipe of ny makeup. and to hydratelmoisturize my hair and edges. The Jamaican black castor oil lotiOn is what I use for the slick pony tail I did on Snapchat today. Tip: I use the soap for both body and face. immediately post Workout. The mask! use it once a weekJ apply the Fellm'; United States of America FEDERAL TRADE COMMISSION Washington, DC 20530 Marv K. Engle Associate Director March 20, 2017 Mr. Walker Williams Chief Executive Of?cer Teespring, Inc. 460 Bryant Street, Suite 200 San Francisco, CA 94107 Dear Mr. Williams: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.] I am writing to call your attention to the attached Instagram post by Farrah Abral'iarn.2 She is shown wearing a MADE OF t~shirt and holding a teespring package. She writes, ?Thank you @teespring for the #momprenuaer Love #Madeofmoney Got my ready for the entire season! http/fteeSpringcom/FarrahMOM #proudrnom #momhoss.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or fatnin relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. It appears that Ms. Abraham has a business relationship with your company. Ms. Abraham?s material connection to your company should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thank you @teespring? is probably 1 The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at: bv=farrah abraham&h1=en. Mr. Walker Williams March 20, 2017 Page 2 inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to your company; consumers could understand it simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Abraham?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing One that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Michael Ostheimer at (202) 326?2699 or mostheimerfhl?cgov. Thank you. Very truly yours, - 53?3"? Mary K. gle Associate Director Division of Advertising Practices a Follow 1.550 likes farmh_abraham Thank you @teespring for the #momprenuaar Love #Madeo?noney Got my ready for the entire season! #proudmom #momboss 2 I nilo_x I i I. kenziaxmm @mo?a?l?m aw janetmr 0mg who does her makeup she looks like dam orange United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K, Engle Associate Director March 20, 2017 Ms. Jana Toohey President ToGoSpa LLC Ilbll?l Pueblo West, Coloradol?mm Dear Ms. Toohey: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.] I am writing to call your attention to the attached Instagram post by Lisa Rinna.2 She posts a picture of a lip mask and writes, ?How cute it?s beauty day and look at these lip masks from @togospa [lips emoji] Love! #beauty #womenrock this is a company started by women!? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Rinna, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. ConSumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lustagrarn streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where 1 The Endorsement Guides are published in 15 CPR. Part 255. 2 The post is available at Ms. Jana Toohey March 20, 2017 Page 2 there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Rinna?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosores and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking- (They?re available online at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer@?cgg. Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices \a Iisstinns 1,336 likes Follow I "Mll'inna How cute it's beauty day and look at these Hp masks from @togosps 9 Love! #beauty #womenrock this wmpanv started bywom an! trunkin11 What does it do? mopnana Qilsarinna Did they send you an XXII Cl askioayjohnsan Coconut lips #poutplumperl Icallemack?ls?iz Gotta hm it! laurnomaliaya Lisa you need to have "lip' products of your ownll ?rbu'ro missln the bosli Use those upst? m?md?5 United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Joshua Koudelka Owner Understated Leather 199 Long Trail Smithville, Texas 78957 Dear Mr. Koudelka: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their reaponsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.I I am writing to call your attention to the attached Instagram post by Troian Bellisaro.2 Ms. Bellisaro posts a picture of a pair of boots and writes, ?My favorite new way to kick the shit out of Sunday. Thank you @understatedleather @matissejootwear.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Bellisaro, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thank you @understatedleather? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at bv=sleenintheaardn&hl=en. Mr. Joshua Koudelka March 20, 2017 Page 2 your company; consumers could understand it simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Bellisaro?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, ?25. Mary K. gle Associate Director Division of Advertising Practices a sleepinthegardn Fellow 1141: likes .- .1 sleepinthagardn My favorite new way to kick the shit out Sunday. Thank you ElmetisseJD otweer .. Blyleitup Fashion fashion lellu_1534 That is Me ahlgaillori Vbu Inspired me to start aerial thankyoul love it a I really edmlreyou for Wing hope life hats you see Into its mzy adventures and its memerising moments for many 1,Iresurs to comeJ mink you?re dePLL everyone ls beautiful +1 hope you're well and keep going 9 ravl2157 Nice kamiulmilon eile5297 @kemlalmimn fa United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Alexander Mechetin Chief Executive Of?cer SC Synergy Group 301?], Obrucheva Street, Bldg. 1 Moscow, Russia, 1 17485 Dear Mr. Mechetin: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-adverti sing iaws and standards, including the Endorsement Guides.? I am writing to call your attention to the attached Instagram posts by Aliaume Damala Badara Akon Thiam (?Alton?) and by Jennifer Lopez.2 Akon posts a picture of two iced bottles of Beluga vodka in front of a blue body of water and writes, ?Holidays with @vodkabeluga always great. Ms. Lopez posts a picture of herself with several bottles of Beluga vodka and writes, to my Birthday weekend in Vegas! Thanks again @vodkabeluga #vodkabeluga.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. I The Endorsement Guides are published in 16 CPR. Part 255. 2 The posts are available at and Mr. Alexander Mechetin March 20, 20] 7 Page 2 If your company has a business relationship with either Alton or Ms. Lopez, that relationship should be clearly and conspicuously disclosed in the endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thanks again @vodkabeluga? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to your company; consumers could understand it simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers mayjust skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to the attached posts and to similar posts by other endorse-rs. If your company does not have such a policy, you may want to consider implementing one that provides guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, 1 have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer?l?cgov. Thank you. Very truly yours, Mary K- gle Associate Director Division of Advertising Practices alum Felt-N 5.202 likes Er- Iknn Holidays with @vodkabeiug I: ?rmly: grant. L: a @akon produce ma KMG HEEM ON SDUNDCLOUD #krng frapost Hollow #59 Main #EfricaZUSA nave-cum Laue Xpl! give me a chance! lava music dase?d-lyld Beautiful sat up I. End but! bad jay_mu_ney Big funds are wai?ngupaste your CANADA 8: USA bank bank. Gram: un.KEybank.Regions.Ciuan bandit. panfed credit union 8: 211:..de me up 7ABA7183 flaha?? Early-r3 36c Erma llmaunga Amazing 41 a, Follow 631k like: jlu to my Birthday weekend In Vegas? Thanks again Meditate-Inga Wodkabeluga 11.2 '29 corrn?rzt is surmangela But you dont drink @1ch statsontaylor Damn GWE ME A BREAK GIVE ME A BREAK . BREAK ME OFF A PIECE OF THAT KIT KAT Tequila 0 vodka; Vida El mundo maferle_ Ta Amoouo'U'V almnderortegaoa Slernpre hermosall! pletrotagliarenl Splendida complimen? ciao drciaclrdedmdot Thought you didn?t alcohol? You said it was one of the reasons you're aglng well. Al- United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Kate Voegele We The Dreamers, LLC c/o Meyers, Roman, Friedberg Lewis 23601 Chagrin Boulevard Suite 500 Cleveland, Ohio 44122 Dear Ms. Voegele: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Lucy Hale.2 Ms. Hale posts a picture of her legs in a pair of pineapple leggings and writes, ?Thank you @katevoegele for my [pineapple emoji] pants! (and @danielasarahdib) get yours at @wtdreamers.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Hale, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thank you The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at by=lucyhale&hl=en. Ms. Kate Voegele March 20, 2017 Page 2 @katevoegele for my pants? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to your company; consumers could understand a ?thank you? to simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Hale?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.ftc. gov.) If you have any questions, please contact Marnie Kresses at (202) 326?2070 or Thank you. Very truly yours, Associate Director Division of Advertising Practices 2.1 . 9? WE. 1' Ell-?x! I I I elucyhale gum 294k llkes ?9 Iucyhaie Thank you @Ratevoegele for my panls (and @danielasarahdib] get yours at @Mdreamers vie? 1 2.0112 comments vickyandrm @itsmaryheleL beeswadee @Instalauragram Imallfe30136?l Love them yo_?a_addte_ Love mentalmug i love mes @abbsfabs need mme.fn @sananasmOE this Is the pants you should have 'v-r'ui- lime-dsz Linda malarsz Although pretty little liars Is almost over you still ROCK aria's crazy look isha_rnudnssar25 Her legs are so skinny 33nd lens are like United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Brant Cryder President Yves Saint Laurent North America 3 East 57th Street New York, New York 10022 Dear Mr. Cryder: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Vanessa Lachey.2 She posts a picture of a lipstick and three pictures of herself wearing the lipstick and writes, ?Spring lips got me [three lips emojis] I?m loving this Fuchsia YSL Rouge Pur Couture The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Lachey, that relationship should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts I The Endorsement Guides are published in 16 .F.R. Part 255. 2 The post is available at by=vanessalachey. Mr. Brant Cryder March 20, 2017 Page 2 in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Lachey?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Associate Director Division of Advertising Practices a vanassalachey Follow 1 4.441 likes vanessalad'lay Spring got me 999 I'm loving this Fuchsia YSL Rouge Pur Couture #19 Check cut my blog for some of my otl?uar (Hln rnsalarl Wessajean kittenSEB such a beautiful color absolutely love ll Vanna-553 moxox Iala?irsmirez @valarleantonla color _californiamammy_ Gorgeoua vikki_v.v_ miss um! msnmalachey danialajawis I do love that color (abstain imp?lffau?p-Iu-novnln I nun ?nil- pnln- n? uu-uo United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Nicky Jam do Mr. Daniel Kim Creative Artists Agency 2000 Avenue of the Stars Los Angeles, California 90067 Dear Mr. Jam: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we werk to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides] I am writing regarding your attached Instagram post endorsing Adidas.2 You posted a picture of a pair of Adidas baby shoes. The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Adidas, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguons language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Nicky Jam March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a_ material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at gov.) If you have any questions, please contact Michael Ostheimer at (202) 326?2699 or mostheimer?i?caov. Thank you. Very truly yours, Mary K. ngle Associate Director Division of Advertising Practices Hui: 85.3k likes .. 9 law rdasrivemc @yuryJorress @andtorreL muaro d9 amour andtorres_ Decile a ?n yury qua quarel ems yo tambn Ias uiero @rourdesn'veroc caroencinah ammtamcina @caroancinah ugartesabina H013 Yb quiaro uncs para ml hlja Nguien quiare mo babe @nlck?ampr @espemz. yallettluclla Talus hago para el prbximn insmsin '21 nun-In '1 nidcyjampr I Fallaw I United States of America FEDERAL TRADE COMMISSION Washington, 13.0 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Jen Selter cfo Mr. Evan Morgenstein Premier Management Group 115 Crescent Commons, Suite 250 Cary, North Carolina 27518 Dear Ms. Selter: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.l I am writing regarding your attached lnstagram post endorsing Adidas.2 You posted a picture of yonrself wearing an Adidas t-shirt. You wrote, ?Jersey style, ya feel me? Have a great weekend everyone! The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business Or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Adidas, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at bv=ienselter&hl=en. Ms. Jen Selter March 20, 2017 Page 2 are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, in ?62k MaryK.E. Associate Director Division of Advertising Practices X. jenselter Fc-Hew 161k Iilaes jenselter Jersey style, ya feel me? Have a great weekend everyone! chilenlsidcnal hy cantb: karen_ariclaga @heychild paulinakwasny @millieseuceSB hu rrikan 61 @benz474? E?cerrtisthefulure Yo I need ?5 a Ham-438 nena?my wallehjortldoe 0n mejersey share it must be crawling with herpes. gonorr? and more megan_carreira This is exactly what wearing prom weekendQQ shamsies @inderjit_ prsuLJenjetina Bogte maze stelno nosls mike Ear in {am r1: IIFI sfilm ti United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2.017 Mr. Sean Combs c/o Jonathan Gardner, Esq. Cohen Gardner 345 North Maple Drive, Suite 181 Beverly Hills, California 90210 Dear Mr. Combs: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides] I am writing regarding your attached lnstagram post endorsing ritQUAhydrate.2 You posted a picture of two bottles of AQUAhydrate water in what appears to be a car. You wrote, ?Let?s @aquahydrate #balance #hydrate #tryIT.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. We understand that you are an owner and director of AQUAhydrate. Your material connection to AQUAhydrate should he clearly and conspicuously disclosed in your endorsements. To make a discIosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Sean Combs March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, Associate Director Division of Advertising Practices iamdiddy ollnw 5.539 Ilka: Iamdiddy Let?s ?uquahvdrata #balance Hydrate #:rer . . . falboybenlz #drinklungsofnem-Drk Elishatunign?m I'm drinking thesama thing right now as sweating it out in the sauna. #J'Estaypositiue finedlciplina We golng BLmanagemeerasams bu rakua1 Pastor sephuraS?d I need after you make- rna sq ulrt knolig__walks Nice shot mastele This water is so goodJ hope to buy a case this weekand. Dalica'ous Hydrate for the body! marchbabyoa?o I need to try that United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Shay Mitchell c/o Mr. David Dean Portelli David Dean Management Dear Ms. Mitchell: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram posts, one endorsing Biore?s Baking Soda Scrub and the other endorsing Kettle brand potato chips.2 In the former, you posted a video of you scrubbing your face and wrote, can never perfect the art of the boomerang but this one was a win thanks to @bioreus ?5 Baking Soda Scrub that ?zzes bubbles when I wash my face almost like a mini spa-day for my pores! [emojis] BioreAmbassador.? In the latter, you posted a picture of Kettle brand potato chips, together with a glass of wine and playing cards and wrote, ?My kind of day #weekendgetaway.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the conununication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with the marketer of Biore. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. If there is a material connection between you and the marketer of Kettle brand potato chips, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The posts are available at bv=shavm&hl=en and Ms. Shay Mitchell March 20, 2017 Page 2 Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What Peeple are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkressesid?iitcgov. Thank you. Very truly yours, Mary K.E le Associate Director Division of Advertising Practices shaym Follow 1.4m views 3w shaym I can never perfect the art of the boomerang but this one was a win thanks to @blnreus '5 Baking Soda Scrub that ?zzes 8: bubbles when I wash my face almost [Ike a min] spa?day for my pores! +3 5 Ir BioreAmbassador View a" 826 ram 11-: manalbounaajaa Woow seamsiddiqui Wait that was her in the commerclam WOAH irem_knca aslalena_2003 GOALS aslalenaJDOB GOALS asialemLZODB GOALS as]atena.2003 asialenaJOD3 ARE kyllemalsine @jadenderry have this 6 Shawn Fallcw 153k Ilkes shaym My kind of clay #weekandgemway cellrnecuteenclhuymepizza U5 mmaunxsc llamhispack WW a11ison_9 mannantl alucrlrajcb dingua ludlle.jcb Les meilleures chips au monde QmanorLIpri manoan? @Iucillejcb je ne semis pas qu'elles maiem au un tel sum lhislamauleen_ ?luzziuls DIJDN Inbeininymra ninipugli Les canes serum des ?chee de francals rne cherie Qemmntoug Bet me such so ?he United States of America FEDERAL TRADE COMMISSION Washington, DC 205 30 Mary It. Engle Associate Director March 20, 2017 Ms. Ciara Princess Wilson c/o Ms. Julie Colbert William Morris Endeavor Entertainment 9601 Boulevard Beverly Hills, California 90210 Dear Ms. Wilson: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.I I am writing regarding your attached Instagram post endorsing Buscemi shoes.2 You posted a picture of three pairs of shoes. You wrote, ?Proud To Be An American. #RedWhiteAndBlue HappyFourth @Buscemi For Juicy Mans Shoes us.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Buscemi, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conSpicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thnx @Buscemi? is probably inadequate to inform consumers of a material connection because it does not sufficiently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not I The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at Ms. Ciara Princess Wilson March 20, 2017 Page 2 click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I ?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.?c.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer@ftc.gov. Thank you. Very truly yours, 'Mmzm ?1146 2% Associate Director Division of Advertising Practices 0' ciara Fot'ow 59k likes ciara Proud To Be An American. #RedWhaleAndBME HappyFourth Thnx. 'Buicerm For Juacy Mans Shoes us 5 7 n2 martinomayiki Proud to be an Americm?? Hana Ian, .3 tell merus [hats ajake musngeor gnodshoea viiettina 0925 rrmartimrnaylk: I mean she :5 living In Amenca and than; our nationa?ty so ya. hae bemg proud to be an Amencan masz sense despite all the police brutality stuff 90an on, If that: what aha? about In; ninoudUBIOO 1~ tcny teny_chichar'rto Ungrza Izqulerdo? in i United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Dorothy Wang c/o Katherine K. McClure, Esq. Hansen, Jacobson, Teller, Hoberman, Newman, Warren, Richman, Rush Keller, L.L.P. 450 N. Roxbury Drive, 8th Floor Beverly Hills, California 90210 Dear Ms. Wang: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth?in?advertising laws and standards, including the Endorsement Guides] I am writing regarding your attached lnstagram post endorsing Buscemi shoes.2 You posted a picture of a pair of shoes in front of a Buscemi.com box lid. You wrote, ?Monday delivery! [emojis] So OBSESSED with these #buscemi sneakersl! Thanks @buscemi @robheppler, can?t wait to wear them!? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might afiect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and If there is a material connection between you and Buscemi, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thanks @buscemi? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consm'ners could understand a ?thank you? simply to mean that you are a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Pdl?hakcn- bv=dorothvwang&hl=en. Ms. Dorothy Wang March 20, 2017 Page 2 example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, MaryK.E Associate DirectOr Division of Advertising Practices Follow 6.356 likes Monday delivery! So OBSESSED with these #buscemi sneakersil Thanks @buscaml ambheppler. can?t wait to wear thaml sell undEr retail @natasharoy Iolomimgj @tl'llsdudekiros No way! @lolominaj traumas? Beautiful jun et?ah AH thE itjust vanity svchee @seaviewsky?ne is thl: the brand?'? @suchee yup suchee iooks Wer dnm?w United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Luke Bryan c/o Ms. Julie Colbert William Morris Endeavor Entertainment 9601 Wilshire Boulevard Beverly Hills, Calimeia 90210 Dear Mr. Bryan: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the FTC ?s Endorsement Guides] I am writing regarding your attached lnstagram post endorsing Cabela?s}1 You posted a picture of yourself in a Cabela?s store holding a ?shing rod. You wrote, ?Which one should I get? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement - that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Cabela?s, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consomers should be able to notice the disclosure easily, and not have to look for it. For example, consumers vicwin posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. I The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at Mr. Luke Bryan March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement? Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer??cgov. Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices I. lukebryan 35.8k likes to Icebran Which one should I get? I hannawllsonhwl am your biggest [an ever . taylonnitchel?o'l Too many to chose frOrn media: i love cole.peterson07 All of them @iukebryan Make-2562 i would like to meet titazelig They're all beautiful works of art! But Luke. you should only get that one with a grip that feels like hand in glove. Has just enough play to it, and can cast off as easily as you need it toiJust make sure if you're using a Better make it a better one than you might?ve usually bean cobey29 @titojadito ?halo-hullu- I ununn a what-Cull Follow - - United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Eagle Associate Director March 20, 2017 Ms. Kristin Cavallari c/o Darin Frank, Esq. Sloane, Offer, Weber, and Dam, LLP 9601 Wilshire Boulevard, Suite 500 Beverly Hills, California 90210 Dear Ms. Cavallari: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in?advertising laws and standards, including the FTC ?5 Endorsement Guides.] I am writing regarding your attached Instagram post endorsing Channel and Lorac.2 You posted a picture of several beauty products including products by Chanel and Lorac. You wrote, ?My tried and true crew. I don?t go anywhere without em #FavProducts #Austin #BacheloretteParty.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other werds, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and either Chanel or Lorac, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=kristincavallarL Ms. Kristin Cavallari March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endmsemem Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer?l?caov. Thank you. Very truly yours, Associate Director Division of Advertising Practices a Fotlc av B,140llkes My tried and true crawl don't go anywhere without em #anProducts fAum?Jn #BuchaTormeF?arty ?4 '1 Ebol'rviawilriamz What?s the pencil? Iaurnasn'ahl I love LDrac Unzipped. use it everyday. you know Septh quit carrying the Lora: line and HOW: has picked it up?! wth. At least Kohl: ls doser to my house keian erusso @mermenley for her jessiuJesumull hollypiaO? that oribe tho lydla_lorralne IN (B Can someone pl: uni-ma 4n- "pm-II l??t United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Lucy Hale cfo Elissa Leeds-Fickman Reel Talent Management 12026 Wilshire Boulevard West Los Angeles, California 90025 Dear Ms. Hale: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram posts, one endorsing a pair of Chiara Ferragni Collection shoes and the other endorsing an item of We The Dreamers clothing.2 In the former, you posted a picture of your shoes and wrote, got stars in my eyes and stars on ma @chiaraferragnicolletion.? In the latter, you posted a picture of your legs in a pair of pineapple leggings and wrote, ?Thank you @katevoegele for my [pineapple emoji] pants! (and @danielasarahdib) get yours at @wtdreamers.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or fatnin relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and either the Chiara Ferragni Collection or We The Dreamers, that connection be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thank you @katevoegele for my pants? is probably I The Endorsement Guides are published in 16 CPR. Part 255. 2 The posts are available at by=lucvhale&hl=en and bv=lucvhale&hl=en. Ms. Lucy Hale March 20, 2017 Page 2 inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What Pauple are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimerfr??cgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices lucyhala 198k likes Iucyhale go: stars in my eyes and stars on ma @chiaralemag nlcollac?on an gelaaloppato ?mo?ostoppato bigJaLliarsJanpage Lucy, I want you to know that your an amazing 5an oriamaafparson and I luznowr that everyone gets hate on social manila. so I just wanted you to know ?int you have way mom fans than ham. and haters sunk! I low you lucyl Stay stung! belikapll LUCY HALES QOIHING Walloon: mg__rnllion Uxu LUCY SCUSAMI TU CHIARA AMICHE N0 IO Ml RITIRO 0mg Iow? Iucyhale Follow 294k like: Iucyhole Thank you vkalevoegele for my pants I and ?dunielnsarahdlb are! at @wtdreamers :w 2.03.2 02'? . @?smaryhelem 3' beeswadae Eustalauragram lovellfeama?l Love them rule..me Lave montalmug I love thus ?ahh?abs need turn-1n manamma? Is the pants you should have 12mad20?l'l' Llnda ballesz Although pretty nu]: Ilnrs Is almost over you ROCK arla's may look l?mu?mw? Her legs are so skinny Cam! Ions am like United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Naomi Canipbell c/o Nikola Barisic Untitled Entertainment 150 Fifth Avenue, 2nd Floor New York, New York 10010 Dear Ms. Campbell: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.t I am Writing regarding your attached instagram post endorsing the Clean dietary supplement.2 You posted a picture of the Clean dietary supplement package. You wrote, @alej androj ungerl #alej androjungercleanse #md #clean #cleangutdetox [three muscular arm emojisj.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of the Clean dietary Supplement, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at bv=iamnaomicamnbell. Ms. Naomi Campbell March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at If you have any questions, please contact Michael Ostheirner at (202) 326?2699 or mostheimer?ttogoxa Thank you. Very truly yours, Mary K. Eagle 562)\ Associate Director Division of Advertising Practices 0 "has larnnaomlcampbell #stanmydey ?efejandrojung er?l #afejandrojung ercleanse #md #:lean #cleangutdetc-x L'u I1. Ismruhryred? @iamnaomicampbeu I need his- I1 ntaliadriare This stu?' actually had My clout-15 at ?rst because I've never thaught that any type ofsupplehlems could actually air! In weighting but after taan 2 before every meal far abouts weeks. I had test 10 pounds with barEIy any exerclse and a healthy men The lime tn the website on my page, anlnniacnsina ifelety Funny is this copy and pasta? Exact warding as Omar person above? edmlkal @danieicphi?ips whats that? Foifow . Of. United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Diractor March 20, 2017 Ms. Giuliana Rancic c/o 3 Arts Entertainment 9460 Wilshire Boulevard, 7th Floor Beverly Hills, Calimeia 90212 Dear Ms. Rancic: The Federal Trade Commission is the nation's coasumer protection agency. As part of our cenSumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Cornpeed.2 You posted a picture of your foot next to a Compeed package. You wrote, ?Can you spot my latest obsession? (Hint it?s on my heel but you can barely see Love high heels. Hate Blisters. Not leaving the house without #CompeedUS in my bag this summer. Check it out @Walgreens #musthave #partner #gsobsessions.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with the marketers of Compeed. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Simply including ?#partner? in an Instagram post isn?t likely to effectively convey that an Instagram post is sponsored. One option that may be more effective is In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at W?taken- by=giulianarancic Ms. Giuliana Rancic March 20, 2017 Page 2 see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you shOulcl disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer?i?caov. Thank you. Very truly yours, Mary K. Engle Associate Director Division of Advertising Practices giulianamndc I Follow 9.725 Ilka: glullnnarendc Can you spot my latest ubseaslori? (Hint: It?s on myhael hm yen can bar'er see ?ll) Love high heels. Hate Blisters. Nat lam-Ina the house without #CompeedUS In my bag this summer. mm: It out QWurgreans Imusmb #partner #gsobsessiuns h. termidryakozn @chenelEDQ malis_henly Qjarunir not sure how it wads resellnladuca @nkrzezemkl ail-1W aleneborgide I need thlsi mapytmo Me me Ill! Cute shoas United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Dll?ECtOf March 20, 2017 Ms. So?a Vergara cfo Frederick P. Bimbler, Esq. Cowan DeBaets Abrahams Sheppard 41 Madison Avenue, 38th Floor New York, New York 10010 Dear Ms. Vergara: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their reSponsibilities under truth?in-advertising laws and standards, including the FTC's Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Dana Rebecca Designs bracelets.2 You posted a picture of a wrist wearing nine bracelets. You wrote, ?Wrist full of @danarebecca on set.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Dana Rebecca Designs, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosnre stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. The Endorsement Guides are published in 16 can Part 255. 2 The post is available at Ms. So?a Vergara March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, yoo may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at If you have any questions, please contact Marnie Kresses at (202) 326-2070 or Thank you. Very truly yours, Mary K. En 1e Associate Director Division of Advertising Practices 1.1" . d?l L, ??11-53? 16-: . su?avergara :1"err 753k like: sa?avergara Wrist fun of @danarebecca on set I.. .--.I 5 '11'1. - I. 2Iavely31 Beautiful shlaur 0119 these are beautiful @natorah ?shayJCIz Beautiful plrnenlals @keren2016 nidakhanm @kitchenBOS Simedicenvic soy tan eHa 55hru_E negar??tl Kl @ohsoericaa the one on top looks tha dlamonds fs?majmnal @carlosernestn__ cnrlosameslo_ Est?n brutalas ?fatimajemal United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Dire-star March 20, 2017 Ms. Heidi Klurn c/o Daniel Passman, Esq. Gang, Tyre, Ramer Brown 132 South Rodeo Drive Beverly Hills, California 90212 Dear Ms. Klum: The Federal Trade Commission is the nation?s censumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in?advertising laws and standards, including the Endorsement (".iuides.l I am writing regarding your attached instagram post endorsing Dunkin? Donuts.2 You posted a picture of yourself with a Dunkin? Donuts drink cup. You wrote, ?Guess what i am doing today." The Endorsement Guides state that if there is a ?material connection" between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Dunkin? Donuts, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consm?ners may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Heidi Klum March 20, 2017' Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.?c.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary K. Engle Associate Director Division of Advertising Practices heidildum Fallow 37k likes haldiklum Guess am dolng today . "r'i iillycamlln juiJwagl Bite ailquabianna Cool marcianumz lab will nuch mm lab will Bin Swan malnar Tuain ult lin awning ?annasophlE-JDVE .3 mal United States of" America FEDERAL TRADE COMMISSION Washington, DC. 20530 Mary K. Engle Associate Director March 20, 2017 Ms. Rach Parcel] Rachel Parcell, Inc. 248 South State Street Orem, Utah 84058 Dear Ms. Parcell: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing eos products}1 You posted a picture of two eos products. You wrote, ?Sharing a little secret on how I?ve been getting silky smooth skin lately on my biog today! Head over to pinkpeonies.corn for all the details (link in bio) @eOSproducts.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer ofa product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of eos products, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers mayjust skip over them, especially where they appear at the end of a long post. The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at Ms. Rach Parcell March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Marnie Kresses at (202) 326-2070 or mkresses??ftcgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices cachpalcell 6,100 Ill-tea Sharing a little sacral on. how I've baan getting silky smooth skin lately I on my blog today! Hand owrto pinkpaonlasmm {or all the details! [link in bin) 9 Demproduds behappyn?thfashion Want To try thamt?g Now thosa are some puny pant-ins anutanyarl .. Graat posu dilth nlnaen'n'l? Laue nole This comment has nothing to do With ans butl saw your hubby pulling up the shelving on your snap and my husband mme same fatal :3 Madmanhushands anlhjawally Sn baautl?Jll United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Jenni ?JWoww? Farley c/o Dustin Parker Agency for the Performing Arts 405 South Beverly Drive Beverly Hills, California 90212 Dear Ms. Farley: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth'in?advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached lnstagram post endorsing FabFi?tFun.2 You posted a picture of yourself with a FabFitFun box. You wrote, ?This is some serious #box goals right here. So in love with my fall box from @fab?tfun. The ModCloth scarf is so cute and cozy and there are so many new beauty products that I can?t wait to try (like the night serum, eyeshadow palette by Pure Cosmetics, brow gel and so much more! Use code JENNI at for $10 off if you don?t already get their boxes. You will not be disappointed! #fab?tfun The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with FabFitFun. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. To make a disclosure ?clear and conspicuous,? you should use unambiguous language and make the disclosure stand out. We do not know if consumers will understand it would be clearer if you used 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at incf?take11- Ms. Jenni ?JWoww? Farley March 20, 2017 Page 2 ?FabFitFunPartner? or ?FabFitPartner? instead. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagrarn streams 011 mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at If you have any questions, please contact Mamie Kresses at (202) 326?2070 or mkressesr?l?cgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices 20.5%: like: Thi? is some serious a'boxguals right here. So in love with my fail box from @rab?riun. The Mu-dClaih scarf is St: cute and cozy and there are so many new beauty products than I can! wait to try (like the night serum. eyeshadow palette by Pure Cosme?cs. brow gel and so much more! Use code JENNI at lat of! If yam don't already get their boxes. You will not be disappomted! b?ifun ii'ifrpaimor ?essapngilinan onw is serlously so beautiful datawesometrlo You're so bea utiful lesliew?liamszmo Love mine [00! Wish we Could hang outwith nu: scarves an and sip coffee from am new enchantedvuyages @jwuww wh at kind of United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Jamie Spears do Mr. Lou Taylor Tri Star Sports and Entertainment 1800 Century Park East, 10th Floor Los Angeles, California 90067 Dear Ms. Spears: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection missiOn, we work to educate marketers about their reSponsibilities under truth?in?advertising laws and standards, including the FTC ?5 Endorsement Guides.l I am writing regarding your attached lnstagram post endorsing FabFitFun.2 You posted a picture of yourself with a abFitFun box. You wrote, ?Ya?ll, I?m obsessed with the new @FabFitFun Fall boxll I?ve been using the brow gel and shadow every day and they?ve completely changed my outlook on makeup. You can use the code you don?t already subscribe. . .Best decision I?ve ever made. #fab?tfun The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with FabFitFun. Your material connection to that company should be clearly and conspicu0usly disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. We do not know if consumers will understand it would be clearer if you used ?FabFitFunPartner? or ahFitPartner" instead. In addition, consumers should be able to notice I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Jamie Spears March 20, 2017 Page 2 the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Guides: What People are Asking. I?m also enclosing a cepy of the Endorsement Guides themselves. (Both docwnents are available online at If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkressesgagftegov. Thank you. Very truly yours, Associate Director Division of Advertising Practices jarrielynnepears . .- 9308 ?has '3 Y'all. I'm obsessed with the new @FabFitFun Fall I?ve been using the brow gel and shadow every day and they've completely changed my ou?ook on mkeup. ?rhu can use the code JLS for $10 off at If you don't aheedy subscribejest decision I?ve ever made. #fab?tfun meanner tatumdavfssolis?? @ja yes the socks are awesome for yoga! I always get good stuff In @fab?tfun for yoga! Let me login . United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20530 Mary K. Engle Associate Director March 20, 2017 Ms. Maci Bookout McKinney cfo Joe Weiner, Esq. Miloknay Weiner LLP 111 South Sycamore Avenue Los Angeles, California 90036 Dear Ms. McKinney: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Flat Belly Tea.2 You posted a picture of yourself holding a package of Flat Belly Tea. You wrote, ?Seriously loving my @Flatbellytea_ - it?s a part of my routine to stay healthy and active. It gives me that extra push to keep up stay on track so much energy to keep up with my kids! #DetoxTea [steaming cup emoji] use code Maci for off at [hearts emoji].? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with the marketer of Flat Belly Tea. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambigUOus language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many The Endorsement Guides are published in 16 can. Part 255. 2 The post is available at bv=macideshanebookout&hl=en. Ms. Maci Bookout McKinney March 20, 2017 Page 2 consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Eider-semen: Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?c. gov.) If you have any questiOns, please contact Michael Ostheimer at (202) 326?2699 or mostheimcr@fic.aov. Thank you. Very truly yours, Mary K. Engle Associate Director Division of Advertising Practices a Follow 21.5k ?Ices 4w maddeshanebookout Serioust roving my @Flatbellytee_ - It's a part of my routine to stay healthy and active. It gives me that extra push to stay on track 8: so much energyto keep up with my kids! #DetoxTea i use code Mac! for 5 off at View all 156 comments a_wohl looks like he's on drugs right?! rere- poor guy Maci is my favorite men morn 09. Love her book and as the go by I love how she try's and get Ryan to be part of life. Kinda like she has 2 sons. Wish 5 lot more moms where [Ike u. curateeamL y?all are twins Lol you think?? caraleeann. @_callieelalne for ?amanriamAHhHM dram: man: than United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Tiona Fernan (we) ,com Dear Ms. eman: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Flat Tummy Tea.2 You posted a picture of yourself with a bare midriff. Yen wrote, ?Loving the difference @?attummytea makes to my body. Girls, go get yours today! [hearts emoji] The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Flat Tummy Tea, that connection should be clearly and conspicuously disclosed in yonr endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=xttiona&hl=en. Ms. Tiona Feman March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326?2699 or mostheimerc?l?caoy. Thank you. Very truly yours= Mary K. gle Associate Director Division of Advertising Practices I mlona a 15.8k likes mlona Loving the dint-fence unanummytea makes to my body. go get yours today! ?b @harysalsaedl Curves on pain: @?tloaa reed.a_ fiamlegend We def need to kill some sets blackenesej?.? @ima n12 absomoo How are you doing sexy @jennyjan void le style d2 Cedric justmgee ?ellegardere damn: a 1: fulakemfangela She's pengpeng ?_mbassi25 bowen.fablan United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Nicole Polizzi c/o Antrani Balian Mortar Media, Inc. 9744 Wilshire Boulevard, Suite 400 Beverly Hills, California 90212 Dear Ms. Polizzi: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.] I am writing regarding your attached Instagram post endorsing Flat Tummy Tea.2 You posted a picture of yourself holding the Flat Tummy Tea Cleanse product. You wrote, ?There?s just NO WAY I?m doing without a ?at tummy. It?s time to get summertime and my pack of Flat Tummy Tea has just got here." The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Flat Tummy Tea, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers sh0uld be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. I The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at by=xttiona&hl=en. Ms. Nicole Polizzi March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC EndOrsemenr Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheinier at (202) 326-2699 or 1nostheirner@ftc.gov. Thank you. Very truly yours, Associate Director Division of Advertising Practices e} snuokinic I 35.2k likes snookinic There's just NO WAY doing summer wit?nout a ?at tummy. It's time to get summertime ?lline and my pack of Hat Turnmy Tea has just got here! They?w: got sala- on today at 20% of! so if you're prepping for summon now's your chance - go check out the safe at La qaltummytea Are you the real Snooki from tho-jerseyr shore of so write me back and tell me what ls everyone also doing from the Show keep me updated thank you United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Amber Rose c/o Walter Mosley, Jr., Esq. Mosley Engelman Jones, LLP 9595 Wilshire Boulevard, Suite 900 Beverly Hills, California 90212 Dear Ms. Rose: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached lnstagram post endorsing Fred and Far.2 You posted a picture of a Fred and 'Far pinky ring and its package. You wrote, ?Thank you @fredandfar for your love and support The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material comections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Fred and Far, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thank you @fredandfar? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satisfied customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at mamberrose&hl=en. Mr. Michael Katz March 20, 2017 Page 2 your company; consumers could understand it simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers mayjust skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Bellisaro?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Marnie Kresses at (202) 326?2070 or Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices . . 0 ambenuse -II.-- - 23k likes ambannse Thank 1;qu t??l'redanclfar for your love B?d support etanna?odacam?alna Lb li?erannd Check your DM muuaJ need to get you in one ofn'ry cups 5 @umberrose Be BeautyFULL. be Follow us! #baauty globalcale CHECK OUT MY INSTAGRAM TO LEARN HOW TO MAKE SOME EASY QUICK CASH DM ME OR TXT [2193208?2?30 FOR MORE INFORMATION ALL YOU NEED IS AN ACTIVE BANK ACCOUNT NO CASH IS NEEDED IN THE ACCOUNT AT ALle Justin copied your hair brandon 3-:rashy Who are brundon?amsbv I don?t know who United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Vanessa Hudgens c/o Matthew M. Johnson, Esq. Ziffren Brittenham, LLP 1801 Century Park West Los Angeles, California 90067 Dear Ms. Hudgens: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram posts, one endorsing Graze snacks and the other endorsing My Little Pony}1 In the former, you posted a picture of yourself with a box Graze snacks and wrote, ?I?m obsessed with @grazeusa Snacks just make life better. #GrazeSnacks.? In the latter, you posted a picture of yourself with a My Little Pony and wrote, ?Tomorrow is @MyLittlePony Friendship Day! Don?t forget to #FrienditForward and do something nice for your bestie.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conSpicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of either Graze or My Little Pony, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuOus,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The posts are available at bv=vanessahudgens and Ms. Vanessa Hudgens March 20, 2017 Page 2 only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, eSpecially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at gov.) If you have any questions, please contact Michael Ostheirner at (202) 326-2699 or mostheimerfolftcaoy. Thank you. Very truly yours, Associate Director DivisiOn of Advertising Practices a vanessahudgens I Follow 259k likes 1' vanessahudgens I'm obsessed wi?'l @grazeusa U. Snacksjust make life better. #GrazeSnacks 7. _kclernents_ Holy crap? 2' @_cam.king_ _cam.l?lng_ lkr. I want more High school musical 3: @_kclements_ malubragad e553 fmo me Iembmu vc QanaJobe pane-saw; @commedesnina ok legrl you took alike here mmrnedesnina @panesarr._l can sort of agree with you on this one panesarL @oommedesnina but you do look like her though don't youG nehe_8 romi x5 #Grazefulldazefull LI . a a vanessahudgens 501k Eikes vanessahudgens Tomorrva MyLi' 4 331:; Friendship Don't ?orgel t; en- :u do wmerlurtg mae Far {nestle wash '3 -M. r; 1fandomJyf1 knew: this was going :0 get em I Maw, becm SE of bash ilona -- r" dell- mariannesvj IL :3 d-i. 9 ma: *5 a?adova eva Bax. DU '4 happy.teenage.girl DMG SHE LIKE MY LITTLE PONY THS MAKES HER SO MUCH MORE AMAEINGU 13": foreignapollo 2.3118351 igna "ext?.531? .1. nG United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary Engle Associate Director March 20, 2017 Ms. Valentina Vignali cfo The One Celebrity SAS Via Angelo de Gubernatis 40 00124, Roma RM Italy Dear Ms. Vignali: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.? I am writing regarding your attached Instagram post endorsing Hairburst.2 You posted a picture of yourself holding a bottle of Hairburst. You wrote, ?I?m trying the new chewable @hairburst hearts! Simply chew two hearts per day to give your hair all the vital ingredients it needs. Hairburst will protect your hair this winter and will reduce breakages.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement- Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Hairburst, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Valentina Vignali March 20, 2017' Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What Peeple are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at businessftegov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary K. Engle Associate Director Division of Advertising Practices . valentlnavignali How . Matera?Citta 1B.4k likes valentinavignali I'm trying the new chewable halrburst hearts! Simply chew two hearts per day to give your hair all the vital ingredients it needs. Hairburst will protect your hair this winter and will reduce breakages. Order now frOm 2'13 hairburstcor'n #Hairburst #HealtyHair #Lovelt ?own? a ?1 con '1 cot: espassop bombe illegali Qualentlnavignali raulino"? Cool maxcasablancas Anche spella?te.- saivatore.scribani Compn compriamoci ste monchla di caramelle ahahhaha gaglial?l Hai dei peli in mezzo alle zinne.. lance9?l1s Funziona dl pillUnited States of America FEDERAL TRADE COMMISSION Washingtom DC. 205 80 Mary K. Engle Associate Director March 20, 2017 Ms. Lilly Ghalachi Ghalichi Glam, Inc. 748 South Main Street Los Angeles, California 90014 Dear Ms. Ghalachi: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.] I am writing regarding your attached Instagram post endorsing HAIRtamin vitamins.2 You posted a picture of two women holding bottles of HAIRtamin vitamins. You wrote, ?0mg that HAIR EIEID @HAIRtamin Hair Nourishing Vitamins have helped me so much and I can?t wait to get results like the beautiful @laurabadura @klaudiabadura have from taking them! #GhalichiGlam #HAIRtamin.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endmsement that connection should be clearly and consPicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business Or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of HAIRtamin vitamins, that connection should be clearly and conSpicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection ab0ve the ?more? button. The Endorsement Guides are published in 16 .F .R. Part 255. 2 The post is available at wkyiNHUf?taken- MS. Lilly Ghalachi March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkressesfaftcgov. Thank you. Very truly yours, Wises Mary K. Engle Associate Director Division of Advertising Practices a 7 Follow 6.901 fikes 0mg that HAIR Hair Vitamins have halpEd me so much and I can?t wait to get reSulls like the beautiful 4Eklzucf?.1badur.1have ?ro'n :akmg them! :HAiRmn-..n seashorelo I?ve just staned usmg :I?Iem anna_kondu1in5kaya 5559 fatiL95 ugmg'n EJ-laa omg, makeup 3* ram-- I i a zuneraserena Iuwr I: manhafashianl? Use coconut m1 {uxury4lea5e I can Teal my hair getting thicker a?ler 3 months usage. I lost a lot United States of America FEDERAL TRADE COMMISSION Washington, no. 20580 Mary K. Engte Associate Director March 20, 2017 Ms. Caroline Manzo cr'o Roger S. Haber, Esq. Kraditor Haber 245 Fifth Avenue, Suite 1001 New York, New York 10016 Dear Ms. Manzo: The Federal Trade Commission is the nation's consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached lnstagram post endorsing Hello Fresh.2 You posted a picture of yourself in a kitchen with a Hello Fresh delivery. You wrote, ?Keeping on my healthy kick in the kitchen tonight with @hello fresh . Since all the fresh ingredients are pre? measured for perfectly portioned meals, I don?t have to think about meal planning and canjust start cooking! Love that I have @hellofresh to switch it up when I just don?t have the time to grocery shop and meal prep. Give it a try with my code ?FreshCaroline? for $35 off your ?rst healthy week at hellofresh.com #fallrneals #healthy #hellofreshpics #313.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with Hello Fresh. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unarnbigUOus language and make the disclosure stand out. Many consumers will not understand to mean that the post is sponsored. In addition, The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=carolinemanzo&hl=en. Ms. Caroline Manzo March 20, 2017 Page 2 consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkresses?ftc.gov. Thank you. Very truly yours, ?Mtg/745%? Mary K. Engle Associate Director Division of Advertising Practices i carollnemanzo Follow I 3,915 likes oarolinemanzo Keeping on my healthy kick in the kitchen tonight with Ii hellofresh. Since all the fresh ingredients are ore-measured for perfectly portioned meals. I don't have to think about meal planning and canjust start cool-ting! Love that i have uhellofresh to switch it up when Ijust don't have the time to grocery shop and meal ptep. Give it a try with my code 'FreshCaroline" for $35 D?'your ?rst healthy week at hellofreshcom m?allmeals #healthy #hellofreshpics #sp -.- J) yesmydading?? Nice idea but expensive fer what you get jcaffa13 Go yen! You've always been one of my favorite! You keep it real. And. I love that cutting board! Like pumpernickel swirl did unn ?aunt it? Login . In United States ofAmerica FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Diractor March 20, 2017 Mr. Allen Iverson c/o Creative Artists Agency 2000 Avenue of the Stars Los Angeles, California 90067 Dear Mr. Iverson: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.] I am writing regarding your attached Instagram post endorsing IO Moonwalkers.2 You posted a picture of yourself holding an ID Moonwalkers box. You wrote, ?Thanks to @io_moonwalkers for my board!! Much love #TheAnswer.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that conSumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear ?'om the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of IO Moonwalkers, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thanks to @io_moonwalkers for my board! 1" is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they cliCk ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at Mr. Allen Iverson March 20, 2017 Page 2 connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?c. gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkressesfi?ftceov. Thank you. Very truly yours, Associate Director Division of Advertising Practices mime? a iheofficin1al3 Follow 23.4?: Ilkas theafficiala? Thanks to @io?oonwalka-rs for my boardll Much iuve #TheAnswer '1 . glutenfreeJaasedJIeaks @jUIckchu namlrau It @ztromh you a sheamonty @domborellf. @hal?e_ @h?ynep?z? justasimplemnne @dank?lp a?en 8mm shanex215_ maineSOOG Tecyn Neck @scottegoodwln scuuagoodwin @gib5716 HELP Doesnt seem happy bout gaming the boar? aben Juca ?falai frankart United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Behati Prinsloo clo Women Management 199 Lafayette Street, 7th Floor New York, New York 10012 Dear Ms. Prinsloo: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.I I am writing regarding your attached Instagram post end0rsing a Josie Maran Cosmetics product.2 You posted a picture of yourself holding a Josie Maran Cosmetics product. You wrote, ?Obsessed with this josiemarancosmetics all natural argan oil balm with vitamin The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and con5picuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or famin relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Josie Maran Cosmetics, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. 1 The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at by=behatiprinsloo. Ms. Behati Prinsloo March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Michael Ostheirner at (202) 326-2699 or 1nostheimer@ftc.gov. Thank you. Very truly yours, W?z/Qe Mary K. Engle Associate Director Division of Advertising Practices . beha?prinslao Foifm?; behaliprinslon Obsessed with this @Joslemarancusme?cs all natural srgan DH ball-n with vitamin i bermudezrauren SUE PIES UF L05 AMO c1n Laura 5 bit of sparklel @behntiprinsfoo angelabas'igal how do like to use it? anaisabelcb Mira @naturaanima? ra plntura de u?as qua ta ragala 93 rhmum2006 LOVE all her stuff! @arturcamara animus 3 pontinhos no dado 550 a tawngem alianqa dala balmpaula ?nessandmferrara? ale-55311 dralerraraB MEI est?n dando escalofnos @batetpaula United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Anna Petrosian Dose of Colors, Inc. 2500 North 24th Street, Unit 203 Phoenix, Arizona 85008 Dear Ms. Petrosian: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth?in-advertising laws and standards, including the Endorsement Guides.l I am writing regarding your attached Instagram post endorsing Kat von Beauty products.2 You posted a picture of a group of Lock-It Collection products. You wrote, ?I?ve heard so many amazing reviews about the Lock-it Collection- by @katvondbeauty Can?t wait to show and tell! [emoji] #LockItRevolution.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Kat Von Beauty products, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consmners viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Anna Petrosian March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc. gov.) If you have any questions, please contact Michael Ostheirner at (202) 326-2699 or Very truly yours, Mary K. Engle mostheimer??ftcgov. Thank you. Associate Director Division of Advertising Practices annapetrosian_ 7.040 like; annapetrusian_ I've heard so many amazing revue-ms about the -Lock-I1 Canadian-by kazvunubeauw Can't wan to Show and I:ell? I?Lo'klt?a vuluhcn magdalenauo 'ne tfu wanna get free stuff: makeup. clothes . phOnE cases . No Us abbycarrasco_ The foundatlan IS so good for only skinl! soulvibrationclothing f. "curring xuxo.amira @531! all hme favorite foundallon'. _rnichelle_1959 ullndaaymsk123 fanoula1326 I love It And so you katvondbeauty victoria_r_7a nannapetrosnn can?t ni- ?l United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Victoria Beckham do Mr. Jeff Frasco Creative Artists Agency 2000 Avenue of the Stars Los Angeles, California 90067 Dear Ms. Beckham: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.] I am writing regarding your attached Instagram post endorsing a Lancer Skincare product.2 You posted a picture of Lancer?s Contour D?collet? product. You wrote, ?Loving this new contour D?collet? by my friend @drlancemr kisses from Los Angeles us vb.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. While your Instagram post refers to Dr. Lancer as a friend, it does not indicate whether you have a ?nancial or other business relationship With Lancer Skincare. If you do have a ?nancial or other business relationship to the company, it should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=victoriabeckham. Ms. Victoria Beckham March 20, 2017 Page 2 disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: Mat People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?c. gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkresses??l?tcgov. Thank yOu. Very truly yours, Mary K. En Associate Director Division of Advertising Practices . vlctaliabeckharn I Follow 603?: likes vlclorlabeckham Loving this nan: contour D?collat? by my friend @drlancam: kisses from L05 Angeies U5 vb . :r-zr-r katjaminski das such? catherinedavies123 Nice armyguy__ben Make- ?Wlth An Active Bank Accounti Text 'i2246990?fs7 0r Direct Message 9 Me For More Informa?on. islomn_o?icial @?ctoriabeckham princessadalskaya_80_lvl @masont?k malinsunds?lroms @fridaE-dluncls mingerwexperien ce Fee! Fantastic aisha_ali.x @adeelaxa? @5033le amcblog Take look at the Qubia makeup United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Ma ry K. Engle Associate Director March 20, 201??r Ms. Chelsea Houska c/o Nit. Howard Rosen Howard Rosen Promotions 1129 Maricopa Highway, Suite 238 Ojai, California 93023 Dear Ms. Houska: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Love With Food.2 You posted a picture of yourself with a Love With Food box of snack products. You wrote, ?In love with my #LoveWithFood Snack Box. The snacks are perfect for Aubree?s lunch and my pregnancy cravings.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Love With Food, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the discloSure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers Vieudng posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=chelseahouska. Ms. Chelsea Houska March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimerf?l?c?ov. Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices chelseahouska Fol low 1 51k likes 13w chelseahouska in love with my #LoyeWithFood Snack Box. The snacks are perfect for Aubree?s lunch and my pregnancy cravings. For every box sold at least one meal is donated to a food bank! Check out @Iovewithfood ?s bio for 25% off your first deluxe boxl! view all 36 comments arenasZOOS How do get It an how much mrss?yer People moaning about advertising there how she makes her money! Would you expeCt someone rolling their eyes at you at your work because you were working seriously get over it! Not like every post is advertisian Even if It was Just unfollowl'? melisradz @iesrodz since you said you wanted to get a snack box subscription slgnecLa_ That?s it Just one meal?!I $40 aloha-n Ilka"- ah-nn dun-J. United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary It. Engle Associate Director March 20, 2017 Ms. Troian Bellisaro c/o Erik Hyman, Esq. Loeb Loeb LLP 10100 Santa Monica Boulevard, Suite 2200 Los Angeles, California 90067 Dear Ms. Bellisaro: The Federal Trade Commission is the nation?s consumer protection agency. As part of Our consmner protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Understated Leather and Matisse Footwear. You posted a picture of a pair of boots. You wrote, ?My favorite new way to kick the shit out of Sunday. Thank you @understatedleather @matisse_footwear.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and either Understated Leather or Matisse Footwear, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thank you @understatedleather @matissegfootwear? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the companies; consumers could understand a ?thank you? simply to mean that you are a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their I The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at bv=sleepinthegardn&hl=en. Ms. Troian Bellisaro March 20, 2017 Page 2 Instagram streams on mobile devices typically see only the first three lines of a longer post Lmless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.?c.gov.) If you have any questions, please contact Mamie Kresses at (202) 326?2070 or mkresses?ftcpov. Thank you. Very truly yours, Associate Director Division of Advertising Practices sleepinthegardn 114k Iilres My favorite new way to Idck the shit out 01 Sunday. Thank you @underatutedleather 8; @metisseJDomear style-Imp Fashion fashion Ieiln?1534 That [5 cute You lnspira? me to start aerial thankyou I love It a I really admira- you for everything 8: hope llfe lets you see into its crazy adventure: and H: mernodsing moments for many years to come: think you're da?o NOT an odd cane out in PLL everyone is beautiful +3 hope you?re we? and keep gufng 9 ravi2157 Nlce kamialmlron SEW ell25297 @kamialmiron fa Fallnw United States of America FEDERAL TRADE COMMISSION Washington, DC. 20530 Mary K. Engle Associate Director March 20, 2017 Ms. Nina Agdal cfo Mr. Tony Vavroch Elite Model Management 245 Fifth Avenue, 24th Floor New York, New York 10016 Dear Ms. Agdal: The Federal Trade Commission is the nation?s consumer protection agency. As part of our con5umer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.l I am writing regarding your attached Instagram post endorsing Muscle Milk.2 You posted a picture of yourself in the corner of a boxing ring. You wrote, ?Spent my morning in the ring with @MuscleMilk @BoxingNapoleon [emojis of a trophy and a muscular arm] #StrongcrEveryday.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Muscle Milk, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosnre stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at bEninaagdal&hl=en. Ms. Nina Agdal March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with Whom you have a material connection, you may want to review the enclosed FTC staff publication, he FTC Endorsemem Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at If you have any questions, please contact Marnie Kresses at (202) 326?2070 or mkresses??egov. Thank you. Very truly yours, Mary K. En Associate Director Division of Advertising Practices 41 ninaagdal Fonow Overthrow New 314k llkes Cw ninaagdal Spent my morning in the ring @MuscleMlIk @BoxingNapoleon #Stro vigw pdxaiden Sexy AF If nudity is so that animals are more civilized than human beings .. tana_mongeau1112 Ca? 1? 0k? @nad_ouch_k hen bijoux cute 5__star__woman . ?i 45 56 thealphawolfrunner 51-.- nice work United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engte Associate Director March 20, 2017 Ms. Ashley Benson c/o Barry Littman, Esq. Hansen, Jacobson, Teller, Hoberman, Newman, Warren, Richman, Rush Kaller, LLP 450 N. Roxbury Drive, 8th floor Beverly Hills, California 90210 Dear Ms. Benson: The Federal Trade Commission is the nation?s conswner protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing a Nip Fab product.2 You posted a picture of yourself holding a can of Nip Fab Dragon?s Blood Fix Plumping Serum. You wrote, ?@nipandfab Dragons Blood Serum is great, it hydrates my skin like nothing else! Thanks @ultabeauty @mrsrodial #nipandfab The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or Credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and It appears that you have a business relationship with Nip Fab. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thanks @ultabeauty @mrsrodial #nipandfab? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satis?ed customer. Furthermore, many consumers will not understand to mean that the post is sponsored. In addition, consumers should be able to notice the disclosure easily, and 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Ashley Benson March 20, 2017 Page 2 not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, esPecially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.?c.gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkressesgw?cgov. Thank you. Very truly yours, Mary K. Engle Associate Director Division of Advertising Practices 0 ?ushbenzo Fellow 2312!: "has 7w Inuhbenzo @nlpandfab Dragons Blood Serum ls great. ll hydrates my skin Ilka nothing else! Thanks @ultabeauty Fnlpandfab #55: new 634 Lornme an muriia.51 i?n?i 5; 33' E- allsaahrahamsen @pauulsenn 0M6 Hannah ljust loves watching y?all show every night and my single day angelayeste_ @almuhgmee chliaramiro anniepeattie @Beckiebird she is life larimptw @nanynares Qalaniewarren Lawkey always wanted to try malstmiza cybaiexo @tamialuca Yass Ashley ur so hot damn United States of America FEDERAL TRADE COMIVIISSION Washington, DC. 20580 Mary K. Eagle Associate Director March 20, 2017 Ms. Emily Ratajkowski cfo Carlos K. Goodman, Esq. Bloom Hergott Diemer Rosenthal LaVioIette Feldman Schenlcman Goodman, LLP 150 South Rodeo Drive, Third Floor Beverly Hills, California 90212 Dear Ms. Rataj kowski: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth?in?advertising laws and standards, including the Endorsement Guides.I I am writing regarding your attached Instagram post endorsing a Nip Fab product.2 You posted a picture of yourself holding a container of Nip Fab Glycolic Fix Night Pads. You wrote, ?Thanks @nipandfab for these insane glycolic night ?x pads. Ready for my bday week [airplane emoji] @mrsrodial #nipandfa The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Nip Fab, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thanks @nipandfab for these insane glycolic night ?x pads? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satisfied customer. In addition, consumers should be able to notice the disclosme easily, and not have to look for it. For example, consumers viewing posts in their Instagam streams on mobile devices 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Emily Ratajkowski March 20, 2017 Page 2 typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Marnie Kresses at (202) 326?2070 or mkresses??c.gov. Thank you. Very truly yours, Associate Director Division of Advertising Practices a emmta 230k "has emrata Thanks @nipandfab for mesa insane ugly-colic nig ht pads. Ready for my bday weal-r. @mrsrodial #nipandfab I. Perfect! at kathwoungOBDZ @nicrutsid my kind of body goals w. {look more at her lg) haniamaihas ruby_pettl3 @stellabougg sexy danielsenm @leiieduardo lonedream er Bella ?gs hannahmeach @clalrespeach?l? you itsprieto @651 andreySOBE beautiful eyebrows mendezj Man?y me Follow - United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Denice Moberg Ilbllal [com Dear Ms. Moberg: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-adyertising laws and standards, including the Endorsement Guides.? I am writing regarding your attached Instagram post endorsing Nutramino products.2 You posted a picture ofNutramino products and wrote, ?This is a new pre workout product from @nutramjno [emoji] I have tried it a couple of times now and WOW I like it The Endorsement Guides state that if there is a ?material connection" between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endangers. If there is a material connection between you and the marketers of Nutramino products, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosnre stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=deniceemoberg Ms. Denice Moberg March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?c. gov.) If you have any questions, please contact Michael Ostheimer at {202) 326-2699 or moslheimer-?lftcaov. Thank you. Very truly yours, Associate Director Division of Advertising Practices danicaemoberg 5 Follow 1.573 likes 8w denlceemoborg This Is a new pre workum product ??orn @nutramlno 9 I have Had It a couple oftlmes now and WOW I like It, you can read more about them on the blog @deniceemoberg 6 denloeamoberg #Nutramino #deniceemoberg #icaniwill #?tness #?tspn #workout #b-odybullding #gym #?lralning #hea?hy #get?t #eatdean #exercisas #workomvldeos #recipes #?ex #instafitness #gym #trainhard #dedication #muscles #shredded #glutes ?rainllkeaglrl #noexcuses a an United States of America FEDERAL TRADE COMMISSION Washington, DC 20580 Marv it. Engle Associate Director March 20, 2017 Mr. James Harrison do Mr. William Parise Sports Management and Marketing, Inc. 1481 Dominion Court Pittsburgh, 15241 Dear Mr. Harrison: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached lnstagram post endorsing Optimum EFX products.2 You posted a picture of Optimum EFX products and wrote, ?The only products I use to optimize my workouts recovery process are created by @optimume?t. You can get them all for 15% off with the code: DeebolS at OtimumEFX.coml" The Endorsement Guides state that if there is a ?material connectioo? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could censist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with the marketers of Optimum EFX. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at Mr. James Harrison March ?20, 201'? Page 2 the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at If you have any questions, please contact Mamie Kresses at (202) 326?2070 or mkressesgaj-ftcgov. Thank you. Very truly yours, Associate Director Division of Advertising Practices ihhatrisun92 Fall-ow 2.088 likes jhharrison92 The only products 1 use to optimize my workouts recovery process are created by @optlmumebc. You can 9e? them all for 15% offwith the code:DeebD15 at jusee_ribe 1 bxll.is_lffe._ 100 timburghfeelefs? @an theinstanucc @an It saddens me that there are certain hard workan athletes that get singled out so blatan?y and have to deal with herassmentipmbably on a day when some time. alone time. and some nIce quality famin time have already been Let the man work Iaan rnn?rn hil: Ichtun hu?nrmunf - United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary It. Engle Associate Director March 20, 2017 Mr. Scott Disick cfo Ms. Nancy Luciano Luciano Reeves Talent, Inc. 21700 Oxnard Street, Suite 950 Woodland Hills, California 91367 Dear Mr. Disick: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing a Pearly Whites Australia product.2 You posted a picture of yourself holding a Pearly Whites box. You wrote, ?Getting my teeth 4th of July ready! introduced me to coconut charcoal infused whitening strips! Check out #nosensitivity #ad The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with the marketer of Pearly Whites Australia. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Scott Disick March 20, 201? Page 2 the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, he FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Mamie Kresses at (202) 326?2070 or Thank you. Very truly yours, Associate Director Division of Advertising Practices Ietlhelmdbewithyau ?1 118's: likes lenheiordbewithyou Getting my teeth 4th oTJuty ready! introduced me to coccnuld?. charcoal Infused whutemng sln?ps! Check out :nosens't'wily Fad zso?szenyeri 3:10ny of ?nal. Lam maar -. bebyfacee Handsome my husband saydeekuh Tom ariannegladu pdncesslener Charlie! ?alwayssunny?x Bpaau d23mun 231auri 23Iami 5- Bonau heks1967 I i min f3 Add.th United States of America FEDERAL TRADE COMMISSION Washington, DC 20580 Marv K. Engle Associate Director March 20, 2017 Ms. Lindsey Lohan c/o Chris Smith ICM Partners 10250 Constellation Beulevard Los Angeles, California 90067 Dear Ms. Lohan: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing the Pinnertest Food Intolerance Test.2 You posted a picture of yourself holding a Pinnertest box. You wrote, ?1 just got the Pinnertest, Food Intolerance Test 2) even ?healthy? vegetables can cause weight gain and diseases which is something to be conscious of. You can ?nd out for yourself with @pinnertestusa Check out #foodintolerance #natural.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of the Pinnertest product, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not clic ?more.? Therefore, you should disclose any material connection above the ?more? button. The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Lindsey Lohan March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, 0r links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at If you have any questions, please contact Marnie Kresses at (202) 326?2070 or Thank you. Very truly yours, Mary K. Engle Associate Director Division of Advertising Practices lindsaylohan Follow I 29.23: iikes 21' Iindsayiohan Ijust got me Pinnertest, Food intolerance Test even "healthy" vegetables can cause weight gain and diseases which is something to be conscious of. You can ?nd out for yourself with uprnnertestusa Check out #{oodmmlerance #naturni U'a .I a? man'amakadji Je vars macheth 5a je pense lakt confession_sucree umanamakad? run he Sun ka 1 dalmai mainair maggieraehamiiton dhannahil Ienamaria_5 I'ldelaafarfailrna undergroundrebell pining pregnant redhead r_I indsaylohan forever love you xoxo Evelyniorenaof?ciai ejeannettegabrrelie United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Maryr K. Engle Associate Director March 20, 2017 Ms. Bella Thorne cx'o Howard A- Fishman, Esq. Hirsch Wallerstein Hayum Matlof Fishman LLP 10100 Santa Monica Boulevard, Suite 1700 Los Angeles, California 90067 Dear Ms. Theme: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Puma products.2 You posted a picture of your feet in Puma sandals and wrote, ?Yesterday #vibes #happymemorialday.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endOrsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear ?'om the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Puma, that connection should be clearly and consPicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?con3picuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagrarn streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at L/?I?taken- by=bellathorne&hl=en. Ms. Bella Thome March 20, 2017 Page 2 are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What Peepfe are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimert??ftcaov. Thank you. Very truly yours, Mary K. En 1e Associate Director Division of Advertising Practices 0 balla?'mme 130]: ?has ballathorn ?rhsterday Nbes #happymemorialday ?ew 5 . Ur .2 kya_122 @kenziedowns why put people down ken ziadowns ?kya_122 it wasn?t realty a demgatory statement you need a sense of humor quit acting like awry thang is serious Rya_122 @kenzledowns stfu devcoon_13 @kenziadowns It seems as tho when ?nalty raa?zed she couldn?t win the argument she has to come out with "Stfu' so she at least has to say 10!. Kanzia-?l Kay devcoon_13 Kay-0 randouph @channe?h_ WHAT HAPPEN ED YO HER LEGS channelh_Y1Ke5 Follow 1- If, ff. United States of America FEDERAL TRADE Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Zendaya cfo Jessie Greene Monster Talent Management 6333 3rd Street, Suite 912 Los Angeles, California 90036 Dear Ms. Zendaya: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Puma products.2 You posted a picture of pink Puma footwear and wrote, don?t even wanna to wear them they so beautiful [emojis] @badgalriri @puma.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Puma, that connection should be clearly and conSpicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at bv=zendaya&hl=en. Ms. Zendaya March 20, 2017 Page 2 are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection you may want to review the enclosed FTC staff publication, The FT Endorsemenr Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary Associate Director Division of Advertising Practices . zandaya 1 Foilaw I 5291: Ilkaa 8.: zandaya I don?t even 1manna wear them 1 thayso beautiful @badgaldri @puma . - An C: r:rr '5 badda_ally twanttu buy one but i cantg fee1996 @anikakhosla opinion? aniknld-mala @1ee1996 no euanalla_ OMG @moizesSliva than na_nicola @mayananall omg this I: 4 ma fol Hi! 'so late? mayan an a" Lu] W. Lo! mad late 99 @cheno a_nlcola chenua_nicole sapar sorry @rn ayanan ell mayanan all No worries Q. @chenoamicole casaidy_elc5tmrn get these for the pool a ?ienmcarter United States of America FEDERAL TRADE COMMISSION Washington, DC. 20530 Mary K. Eagle Associate Director March 20, 2017 Ms. Sophia Bush c/o Jamie Mandelbaum, Esq. ackoway Tyerman Wertheimer Austen Mandelbaum Morris 85 Klein 1925 Century Park East, 22nd Floor Los Angeles, California 9006'? Dear Ms. Bush: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truthdn-advertising laws and standards, including the FTC ?3 Endorsement Guides.l I am writing regarding your attached Instagram post endorsing Sakara Life products.2 You posted a picture of a Sakara breakfast product. You wrote, ?Going plant-based for at least 23 of my meals, with the help of my #SuperSoul Sisters @sakaralife. Week 2. Loving this #veganbeforesix #consciousliving #babysteps The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Sakara Life products, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. 1 The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at Ms. Sophia Bush March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?ogov.) If you have any questions, please contact Mamie Kresses at (202) 326?2070 or Thank you. Very truly yours, Associate Director Division of Advertising Practices . Follow 2?kiike5 Going plant-based for at least 33 of my meals. with the help of my #SuperS out Sisters asakemllfe. ?ha-k 2. Loving this hegenbefaresix #consnlousliuing #baby-steps I'd like to :lnn?fy something for everyone who feels the need or right to comment on my choi. I'm sharing this because I'm a fan of the food, and how Ihls Incredible company works. I'm not sharing this so you can tell me whetto do. how to live. or how chulce I'm making some:th isn't enough. My body. My muices- My life. Celebrate what people do welt. If that's not enough for you. do better in your own life and save your judgement for yourseif. Cheers. United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Assoclate Dire-ctor March 20, 2017 Ms. Massy Arias Manko?t, Inc. 6300 Wilshire Boulevard, Suite 1460 Los Angeles, California 90048 Dear Ms. Arias: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers abont their responsibilities under truth?in?advertising laws and standards, including the Endorsement Guides.[ I am writing regarding your attached Instagram post endorsing several Shea Moisture products.2 You posted a picture of three Shea Moisture products. You wrote, ?My skin care and need a slick pony tail after this crazy leg day? hair trick @Sheamoisture4u African Black soap dc Mud mask, Coconut oil, And Jamaican black castor oil styling lotion. If you queens haven?t heard of African black soap, then it?s time you do. . The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Shea Moisture products, that connection should be clearly and conSpicuously disclosed in yonr endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand 'out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see Only the ?rst three linesof a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Massy Arias March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers mayjust skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, he FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available Online at If yoo have any questions, please contact Michael Ostheimer at (202) 326?2699 or Thank you. Very truly yours, Mary K. Eng Associate Director Division of Advertising Practices I I massyarlas Ml 7.759 likes massy.nrias My skin care and need a slick pony tail after this crazy leg dsy' helr trick @Sheomoisture-?lu African Black soap 81 Mud mask. Couonut oil. And Jamaican black oil styling lotion. Ifyou queens haven't heard ofAfrican black soap. then it is time you do. If you sweat as much as I do on a regular basis and tend to break out. orjust you have omef?blemish prone skin, this soap and mask are bombxrom [some had on Saturday 0n Snapshot use coconut oil to molsturize my skin. to wipe of any makeup. and to hydratefmoisturize my hair and edg. The Jamaican black oastor oil lotion ls what use for the pony tall I did on Snapchat today. Tip; use the soap for both body and {see Immediately post workout. The mask! use it once a week. I apply the United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Farrah Abraham cfo Avonte Campiuha?Bacote, Esq. Campinha Bacote LLC 1176 Crespi Drive Paci?ca, California 94044 Dear Ms. Abraham: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Teespring products}a You posted a picture of yourself wearing a MADE OF t-shirt and holding a teespring package. You wrote, ?Thank you @teespring for the #momprenuaer Love #Madeofmoney Got my ready for the entire season! http/fteespringcom?FarrahMOM #proudmom #momboss.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection Should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with Teespring. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thank you @teespn?ng? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satis?ed The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at: bv=farrah abraham&hl=en. Ms. Farrah Abraham March 20, 2017 Page 2 customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Marnie Kresses at (202) 326-2070 or mkresses@ftc.gov. Thank you. Very truly yours, Mary K. Engle Associate Director Division of Advertising Practices 3 1.550 likes {stab?abmham Thank you @teesp?ng for the #mc'mpranuaer Lava #Madeofmonay Got my ready for the entire season! #proudmom #momboss Item 1191:1021 Bmuria?1021 aw janetmr 0mg who does her makeup she looks like a dam orange I I iloix Follow United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Lisa Rinna c/o David B. Feldman, Esq. Bloom Hergott Diemer Rosenthal LaViolette Feldman Schenkman Goodman, LLP 150 South Rodeo Drive, Third Floor Beverly Hills, California 90212 Dear Ms. Rinna: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing a ToGo Spa product.2 You posted a picture of a lip mask. You wrote, ?How cute it?s beauty day and look at these lip masks from @togospa [lips emoji] Love! #beauty #womenrock this is a company started by women!? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might a??ect the weight or credibility that consumers give the endursement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and ToGoSpa, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consmners may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Lisa Rinna March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsemem Guides themselves. (Both documents are available Online at gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer?i?cuov. Thank you. Very truly yours, Mary K. gle ag?? Associate Director Division of Advertising Practices Follow I 1-336 likes "Butane How cute It's beam)! clay and leak at these lip masks from @togospn 9 Low! #beauty #womenrock this a COMpany started bywomanl tranldn? What does it do? Blisnrinne Did theysend you an aslgueyjohnaen #poumlumper! ?it Icatiemack1972 Gotta have it! lauraamalleya Lisa you need to have 'llp' products of your You?re mlssin the boat! Use those lipsl? w?h?EJ? United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Aliaume Damala Badara Akon Thiam c/o Mr. Jeff Epstein Universal Attractions 15 West 36th Street, 8th Floor New York, New York 10013 Dear Mr. Thiam: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth~in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram post endorsing Beluga vodka.2 You posted a picture of two iced bottles of Beluga vodka in front of a blue body of water. You wrote, ?Holidays with @vodkabeluga always great. The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Beluga vodka, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at Mr. Aliaurne Damala Badara Akon Thiam March 20, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheirner at (202) 326-2699 or mostheimerfc?ftcnov. Thank you. Very truly yours, was Mary K. Engle Associate Director Division of Advertising Practices alum I F-?lla?Q?l 5.202 likes slum Holldays with @vodkabduga great. . n" @Bkon produce me KMG HEEM ON #kmg #repost Hollow #signMe #EfficalUSA EA nausea-um Love phalagenictwins give me a chanced 10% music Beautiful set up I. andybucaille Bad had bad jay_mo_ney Big funds are waiting?paste your CANADA 8: USA bank dropfFD bank. masahoaxeybank?egions?i?zen bank. panfed credit union etc..adcl me up ?abarl? Genyra 36:: em?a I. II ll. IL- 1? limaunge Amazing United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle 90.550631? Director March 20, 2017 Ms. Jennifer Lopez efo Ryan Nerd, Esq. Hirsch Wallerstein Hayurn Matlof+ Fishrnan 10100 Santa Monica Boulevard Suite 17'00 Los Angeles, California 90067 Dear Ms. Lopez: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached lnstagram post endorsing Beluga vodka.2 You posted a picture of yourself with several bottles of Beluga vodka. You wrote, to my Birthday weekend in Vegas!! Thanks again @vodkabeluga #vodkabeluga." The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Beluga vodka, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thanks again @vodkabeluga? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Jennifer Lopez March 20, 2017 Page 2 typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, he FT Endorsement Guides: We: People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or mostheimer?l?caov. Thank you. Very truly yours, Mary K. ngle Associate Director Division of Advertising Practices "o Foilow 631k likes . 23w jlo to my Birthday weekend In Vegasll Thanks again @vodkabeluga hodkabeluga V-l. - ,il11.369 commasri" saraangela But you don: drink @jlo stetsontaylor Damn _t8km.e._ GIVE ME A BREAK GIVE ME A BREAK BREAK ME OF A PIECE OF THAT KIT KAT BARIIH anhonvedenyapind?le?l Tequila 0 vodka; Vida el mundoi mafarle_ Te alexanderortegaoa Slemore piotrotagliaranl Splendida complimenti ciao circle-circlede Thought you didn't drink alcohol? You said it was one of the reasons you?re aging well. m. . A: United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Vanessa Lachey c/o Gregg Gellman, Esq. Morris Yorn Barnes Levine Krintzman Rubenstein Kohner Gellman 2000 Avenue of the Stars, 3rd Floor, North Tower Los Angeles, California 90067 Dear Ms. Lachey: The Federal Trade Commission is the nation?s consumer protection agency. As part of Our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-adveztising laws and standards, including the Endorsement Guides. I am writing regarding your attached Instagram post endorsing an Yves Saint Laurent product.2 You posted a picture of a lipstick and three pictores of yourself apparently wearing the lipstick. You wrote, ?Spring lips got me [three lips emojis] I?m loving this Fuchsia YSL Rouge Pur Couture The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Yves Saint Laurent, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=vanessalachev. Ms. Vanessa Lachey March 20, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products 0r services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Associate Director Division of Advertising Practices vunassalachay 4,441 likes Vanessalachey Spring got me ?km. 663-9 I'm loving this Fuchsia YSL Rouge Pur Couture #19 Check out my blog [or some of my othEr VanessaLacheymm [Gain Bio) 'l I msaia? ?venessajean 999 kitten 555 such a baau?l'ul color absolutely love It Vsnnessa kitten 556 mos-cm: Inln1rnm1rez @valan?eantonia try this molar _callfurniamamrny_ Gorgeous vikki?wg miss @vsnassalachay dnnlainjawis I do Iowa that coin-r @bstalh I ?ll' dub. A I '1 anlow United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Mscciate Director March 21, 2017 Ms. Amber Rose c/o Walter Mosley, Jr-, Esq. J. Walter Michael Associates 73] Virginia Park Detroit, MI 48202 Dear Ms. Rose: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-adyertising laws and standards, including the Endorsement Guides] I am writing regarding your attached Instagram post endorsing Fred and an: You posted a picture of a Fred and Far pinky ring and its package. You wrote, ?Thank you @fredandfar for your love and support The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight 0r credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Fred and Far, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosnre both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. A statement like ?Thank you @fredandfar? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of your relationship to the company; consumers could understand a ?thank you? simply to mean that you are a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=amberrose&hl=en. Ms. Amber Rose March 21, 2017 Page 2 only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkresseSgED?cgov. Thank you. Very truly yours, Mary K. *ngle Associate Director Division of Advertising Practices 23k likes amhenase Thank you @fradandl?ar for your low and support alamnrludacu?'nlna li?erannd Check your DM muvm naad caps ?aming-rose bmutyfu "page Be BeautyFULL. be Fo?nw us! J?baaury globaIuJL CHECK CIIJT M?r? INSTAGRAM TO LEARN HOW TO MAKE SOME EASY QUICK CASH DM ME CIR TXT FOR MORE INFORMATION ALL YOU NEED 1?5 AN ACTIVE BANK ACCOUNT N0 CASH IS NEEDED IN THE ACCOUNT AT Justin copied yOUr halr hrandan .3.crasby W10 are dnn'l know who Foilnw United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 30, 2017 Ms. Anna Petrosian Dose of Colors, Inc. 7635 North San Fernando Road Burbank, California 91505 Dear Ms. Petrosian: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.l I am writing regarding your attached Instagram post endorsing Kat you Beauty products.2 You posted a picture of a group of Lock-It Collection products. You wrote, ?I?ve heard so many amazing reviews about the Lock-it Collection- by @katvondbeauty Can?t wait to show and tell! [emoji] The Endorsement Guides state that if there is a ?material connection" between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and the marketers of Kat you Beauty products, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their lnstagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Ms. Anna Petrosian March 30, 2017 Page 2 If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary K. ngle Associate Director Division of Advertising Practices annapetmsiam Fniiow 1040 likes ?1 .. annapetrusiam I?ve head so many ilszing rewews about the Coilectlono by Can't wall to show and tell' 5 .?l-tlIRE-volur Jan magdatenaxxo Dm If wanna get free stuff: makeup. clmhes . phone cases . No D: abbycarrascu_ The is so good For m'y skim! soulvibrationcluthing mus-5.1: ?he-254 xOxO.arnira [?51713 all erne favorite inundation! ?5 1939 fanaula1326 Have It And :0 WIN you katvondheauty victoria_ L79 "annapatroman can?t 1.--. United States of America FEDERAL TRADE COMMISSION Washington, DC 20580 Man; K. Engle Associate Director April 3, 2017 Ms. Chelsea Houska cfo Mr. Will Dzombak William Gerard Group Dear Ms. Houska: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagrarn post endorsing Love With Food.2 You posted a picture of yourself with a Love With Food box of snack products. You wrote, ?In love with my #LoveWithFood Snack Box. The snacks are perfect for Aubree?s lunch and my pregnancy cravings.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. If there is a material connection between you and Love With ood, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers Viewing posts in their Instagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. 1 The Endorsement Guides are published in 16 CPR. Part 255. 2 The post is available at by=chelseahouska. Ms. Chelsea Houska April 3, 2017 Page 2 In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FTC Endorsement Guides: What People are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business?cgov.) If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary K. ngle Associate Director Division of Advertising Practices chelseahouska Follow 51k likes chelseahouska In love with my #LoverthFood Snack Box. The snacks are perfect for Aubree's lunch and my pregnancy cravings. For every box sold at least one meal is donated to a food bank! Check out @iovewithfood 's blo for 25% off your ?rst deluxe boxI! View all 95 r) Ina?1'12. arenas2005 How do get it an how much mrss?yer People moaning about advertising that's how she makes her money! Would you expect someone rolling their eyes at you at your work because you were working seriously get over it' Not like every post is advertising! Even if it was just unfoilowl? mellsrodz @Iesrodz since you said you wanted to get a snack box subscription signed_a_ That's it Just one meal? $40 run-I Ins-1.; Jinn-In nun. 'Al?nnt rln.n? United States of America FEDERAL TRADE COMMISSION Washington, DC. 205 80 Mary K. Engle Associate Director March 20, 2017 Mr. Hal Kravitz Chief Executive Of?cer AQUAhydrate, Inc. 5870 West Jefferson Boulevard Suite Los Angeles, California 90016 Dear Mr. Kravitz: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.l I am writing to call your attention to the attached Instagram post by Sean Combs.2 Mr. Combs?s post shows a photo of two bottles of AQUAhydrate water in what appears to be a car and he writes, ?Let?s @aquahydrate #balance #hydrate #tryIT." The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conSpicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. We understand that Mr. Combs is an ovmer and director of AQUAhydrate. Mr. Combs?s material connection to your company should be clearly and conspicuoust disclosed in his endorsements. To be both ?clear? and ?consPicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at Mr. Hal Kravitz March 20, 2017 Page 2 many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Mr. Combs?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business?cgov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank y0u. Very truly yours, Associate Director Division of Advertising Practices iamdiddy allow 5,539 likes Let's GOUJ @aqu?hydrate #balance Hydrate #trle I elishamniga72 Chem drinking the same thing right now as I'm sweating It out in the sauna. #?ataypcsitwe finedicipiine We gall-1g he. bu rakus1 Pastor Olddy?n sephmas124 I will need alter you make me squirt Nice shot mmewzs This water is so goadJ hope to buy a case this weekend. Delicious Hydrate furthe- body! marchbaby?i?DO I need to try that United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Mr. Jack Ross Chairman 81. Chief Executive Of?cer Synergy CI-IC Corp. 865 Spring Street Westbrook, Maine 04092 Dear Mr. Ross: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.I I am writing to call your attention to the attached Instagram posts by Nicole Polizzi and Tiona Fernan.2 Ms. Polizzi posts a picture of herself holding your Flat Tummy Tea Cleanse product and writes, ?There?s just NO WAY I?m doing summer without a ?at tummy. It?s time to get summertime and my pack of Flat Tummy Tea has just got here.? Ms. Feman posts a picture of herself with a bare midriff and writes, ?Loving the difference @flattummytea makes to my body. Girls, go get yours today! [hearts emoji] The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with either Ms. Polizzi or Ms. Fernan, that relationship should be clearly and conspicuously disclosed in the endorsements. To be both I The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The posts are available at and Mr. Jack Ross March 20, 2017 Page 2 ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the first three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has 3. Written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to the attached posts and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and con5picuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They're available online at gov.) Please note that our review of the enclosed post was limited to the adequacy of the disclosure of material connections. We did not attempt to determine whether the post might be deceptive in other respects. It is your responsibility to ensure that advertisements for your products comply with the FTC Act; for example, you must ensure that all express or reasonably implied product performance claims are truthful and supported by adequate substantiation. More information about how to comply with the laws and rules the FTC enforces may be found at business.ftc.gov. If you have any questions, please contact Michael Ostheimer at (202) 326-2699 or Thank you. Very truly yours, Mary K. ngle Associate Director Division of Advertising Practices la snookirric a: 35.2klikes 5n ooklnic There's just 0 WAY I'm :10an summer without a ?at tummy. It's time to get summertime ?illne and my pack of Flat Tummy Tea has Just go: hareill got a sale on today atzcm off so if you?re for summer, now's your chance - go check out the sale at ,J?attumn'mau rayroba? Are you the real Snookl from majorsey shore ofso writs me back and tell me what Ts everyone else doing from the show keep me updated thanlr. you 3 xttiona Fol!ow 153k likes 7? xttiona Lovlng the df?erence @?attummytea makes to my body. Girls. 90 get yours today! ?5 #flattummytea @harysalsaedi Curves on point @xttiona read.a_ iiamlogend We def need to kill some sets blackeneseug? @imanzz absovnoo How are you doing sexy by_victorla_secrat @jennyjan voici le style de Cedric Justmgea @eltegardere damn a a 1.- She's pengpong @anassizs bowanfablan United States of America FEDERAL TRADE COMMISSION Washington, D.C. 20580 Mary K. Engle Associate Director March 30, 2017 Ms. Samira Asemanfar Ms. Melody Gofred Fred and Far hello@fredandfar.com Dear Ms. Asemeanfar and Ms. Gofred: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in-advertising laws and standards, including the Endorsement Guides.1 I am writing to call your attention to the attached Instagram post by Amber Rose.2 Ms. Rose posts a picture of a Fred and Far pinky ring and its package, and writes, ?Thank you @fredandfar for your love and support The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. If your company has a business relationship with Ms. Rose, that relationship should be clearly and conSpicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. A statement like ?Thank you@Fredandfar? is probably inadequate to inform consumers of a material connection because it does not suf?ciently explain the nature of the endorser?s relationship to your company; consumers could understand it simply to mean that the person is a satis?ed customer. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. 1 The Endorsement Guides are published in 16 .F.R. Part 255. 2 The post is available at bv=amberrose&hl=en. Ms. Samira Asemanfar Ms. Melody Gofred March 30, 2017 Page 2 For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, er links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Rose?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosures and they are clear and conSpicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.?c.gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or Thank you. Very truly yours, Mary K. gle Associate Director Division of Advertising Practices 0 amberrase allow 23!: ilkes ?mbE'l'rOE-E Thank you @fredandfar for your love and .I Ir! - elannarladacarmlna Lb tl?erannd Check yaur DM muva, I need maps 0 @ambarmsa beautyfullpage Ba BeauryFULL, be YCXJI Follow #baauty CHECK OUT MY INSTAGRAM TO LEARN HM TO MAKE SOME EASY DUICKCISSH DM ME OR TXT [219)200?2730 FOR MORE INFORMATION ALL YOU NEED IS AN ACTNE BANK ACCOUNT NO CASH IS NEEDED IN THE AT izzyhallyz?? Justin coplad I{our hair Who are btandan?aasby I don't know who United States of America FEDERAL TRADE COMMISSION Washington, DC. 205 80 Mary K. Engle Associate Director March 20, 2017 Mr. Dominik Richter Chief Executive Of?cer HelloFresh AG 37A Saarbrticker StraBe Berlin, 10405 Germany Dear Mr. Richter: The Federal Trade Commission is the United States? consumer protection agency. As part of our consumer protection mission, we work to educate businesses about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides] I am writing to call your attention to the attached Instagram post by Caroline h/Ianzo.2 She posts a picture of herself in the kitchen with a Hello Fresh delivery and writes, ?Keepng on my healthy kick in the kitchen tonight with @hellofresh. Since all the fresh ingredients are pre- measured for perfectly portioned meals, I don?t have to think about meal planning and can just start cooking! Love that I have @hellofresh to switch it up when I just don?t have the time to grocery shop and meal prep. Give it a try with my code ?FreshCaroline? for $35 off your ?rst healthy week at hellofreshcom #fallmeals #healthy #hellofreshpics The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the communication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. FTC staff guidance makes clear that marketers should advise endorsers of their disclosure responsibilities and should monitor their endorsements to ensure that appropriate disclosures are made. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The post is available at by=carolinemanzo&hl=en. Mr. Dominik Richter March 20, 2017 Page 2 It appears that Ms. Manzo has a business relationship with your company. Ms. Manzo?s material connection to your company should be clearly and conspicuously disclosed in her endorsements. To be both ?clear? and ?conspicuous,? the disclosure should use unambiguous language and stand out. Many consumers will not understand to mean that the post is sponsored. In addition, consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, an endorser should disclose any material connection above the ?more? button. Finally, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If your company has a written social media policy that addresses the disclosure of material connections by endorsers, you may want to evaluate how it applies to Ms. Manzo?s post and to similar posts by other endorsers. If your company does not have such a policy, you may want to consider implementing one that provides appropriate guidance to your endorsers. You may also want to review your company?s social media marketing to ensure that posts contain necessary disclosores and they are clear and conspicuous. To assist you, I have enclosed the Endorsement Guides and a recent staff publication, The FTC Endorsement Guides: What People are Asking. (They?re available online at business.?c.gov.) You may also wish to review the guidelines on online reviews and endorsements published by the International Consumer Protection and Enforcement Network (ICPEN), a network of conSumer protection agencies from more than 60 countries. Like the Endorsement Guides, the ICPEN guidance re?ects basic truth-in?advertising principles and provides examples for digital media marketing} If you have any questions, please contact Mamie Kresses at (202) 326?2070 or mkresses@ftc.gov. Thank you. Very truly yours, ?74. Mary K. ngle Associate Director Division of Advertising Practices 3 The ICPEN guidance is available at I Fellow a carolinemanzn 3.915 likes carulinemanzo Keeping an my healthy kick in the kitchen tonight with hellofresh. Since all the fresh ingrediems are pre-rneesured for perfectly portionecl meals. I don?t have to think about meal planning and can just start cooking! Love that I have Flhellofresh to switch it up when [Just don't have the time to uracery shop and meal prep. Give it a try with my code "FreshCaroIine' for $35 off your ?rst healthy week at hellofreshxom #?Fallmeals #healthy #hellofreshpics #sp it": .1: gleen'iyi?ai'lingmI Nlce idea but expensive for what you get jcaffa? Ga you! You've always been one of my faveritei You keep it real. And, lave that cuttan board! Like pumpernickel swirl did Van nut it? Lagin. A United States of America FEDERAL TRADE COMMISSION Washington, DC. 20580 Mary K. Engle Associate Director March 20, 2017 Ms. Shay Mitchell c/o Mr. David Dean Portelli David Dean Management Dear Ms. Mitchell: The Federal Trade Commission is the nation?s consumer protection agency. As part of our consumer protection mission, we work to educate marketers about their responsibilities under truth-in?advertising laws and standards, including the Endorsement Guides.1 I am writing regarding your attached Instagram posts, one endorsing Biore?s Baking Soda Scrub and the other endorsing Kettle brand potato chips.2 In the former, you posted a video of you scrubbing your face and wrote, can never perfect the art of the boomerang but this one was a win thanks to @bioreus ?5 Baking Soda Scrub that ?zzes bubbles when I wash my face almost like a mini spa-day for my pores! [emojis] BioreAmbassador.? In the latter, you posted a picture of Kettle brand potato chips, together with a glass of wine and playing cards and wrote, ?My kind of day #weekendgetaway.? The Endorsement Guides state that if there is a ?material connection? between an endorser and the marketer of a product in other words, a connection that might affect the weight or credibility that consumers give the endorsement that connection should be clearly and conspicuously disclosed, unless the connection is already clear from the context of the conununication containing the endorsement. Material connections could consist of a business or family relationship, monetary payment, or the provision of free products to the endorser. The Endorsement Guides apply to marketers and endorsers. It appears that you have a business relationship with the marketer of Biore. Your material connection to that company should be clearly and conspicuously disclosed in your endorsements. If there is a material connection between you and the marketer of Kettle brand potato chips, that connection should be clearly and conspicuously disclosed in your endorsements. To make a disclosure both ?clear? and ?conspicuous,? you should use unambiguous language and make the disclosure stand out. 1 The Endorsement Guides are published in 16 C.F.R. Part 255. 2 The posts are available at bv=shavm&hl=en and Ms. Shay Mitchell March 20, 2017 Page 2 Consumers should be able to notice the disclosure easily, and not have to look for it. For example, consumers viewing posts in their Instagram streams on mobile devices typically see only the ?rst three lines of a longer post unless they click ?more,? and many consumers may not click ?more.? Therefore, you should disclose any material connection above the ?more? button. In addition, where there are multiple tags, hashtags, or links, readers may just skip over them, especially where they appear at the end of a long post. If you are endorsing the products or services of any marketers with whom you have a material connection, you may want to review the enclosed FTC staff publication, The FT Endorsement Guides: What Peeple are Asking. I?m also enclosing a copy of the Endorsement Guides themselves. (Both documents are available online at business.ftc.gov.) If you have any questions, please contact Mamie Kresses at (202) 326-2070 or mkressesid?iitcgov. Thank you. Very truly yours, Mary K.E le Associate Director Division of Advertising Practices a shaym Fol low 1.4m views 8w sheym can never perfect the art of the boomerang but this one was a win thanks to @bimeus '5 Baking Soda Scrub that ?zzes 8: bubbies when I wash my face almost like a spa-day for my pores! +3 9 I BioreAmbassador View all 826 cornments manalbounaajaii Woow Wait that was her In the commercial}? WOAH irenLkoca 1' '3 aslalena_2003 GOALS aslalenaJOOS GOALS asialena_2003 GOALS asialenaJOGa HOW aslalena_2003 ARE kyliemaisine @jadenderry have this shayrn ow 193k llkes shaym My of clay #weekendg ea?away dbuymeplzza U5 WOW @JrettlettIEJmLsom manaanrl @lucll?ejcb dlngue IucilleJch Les medlleures chips au monde @menoanri manan_lprl Gludllejcb 19 he savals pas qu'elfes awient Bu un tei succ?s lhisismaureen__ Dmerineicbl @IizziLcIs DIJON ninipugli Les cartas serum des ?ches da lrencels me cherle @emmalou_p jLsamh wlnuriJh Elei uns such so we The Endorsement Guides What People Are Asking Federal Trade Commission I business?cgov Contents About the Endorsement Guides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 When Does the FTC Act Apply to EndorsementsProduct Placements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Endorsements by Individuals on Social Networking Sites . . . . . . . . . . . . . . . . . . 9 How Should I Disclose That I Was Given Something for My Endorsement? . . . 10 Other Things for Endorsers to Know . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 Social Media Contests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Online 14 Soliciting Endorsements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 What Are an Advertiser?s Responsibilities for What Others Say in Social MediaWhat About IntermediariesWhat About Affiliate or Network MarketingExpert Endorsers Making. Claims Outside of Traditional Advertisements . . . . . 19 Employee Endorsements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Using Testimonials That Don?t Reflect the Typical Consumer Experience. . . . . 21 Where can I find out moreYour Opportunity to Comment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 Suppose you meet someone who tells you about a great new product. She tells you it performs wonderfully and offers fantastic new features that nobody else has. Would that recommendation factor into your decision to buy the product? Probably. Now suppose the person works for the company that sells the product or has been paid by the company to tout the product. Would you want to know that when you're evaluating the endorser?s glowing recommendation? You bet. That common-sense premise is at the heart of the Federal Trade Commission?s (FTC) Endorsement Guides. The Guides. at their core, reflect the basic truth-in-advertising principle that endorsements must be honest and not misleading. An endorsement must reflect the honest opinion ofthe endorser and can?t be used to make a claim that the product?s marketer couldn?t legally make. In addition, the Guides say if there?s a connection between an endorser and the marketer that consumers would not expect and it would affect how consumers evaluate the endorsement, that connection should be disclosed. For example, if an ad features an endorser who?s a relative or employee of the marketer, the ad is misleading unless the connection is made clear. The same is usually true if the endorser has been paid or given something of value to tout the product. The reason is obvious: Knowing about the connection is important information for anyone evaluating the endorsement. Say you?re planning a vacation. You do some research and find a glowing review on someone?s blog that a particular resort is the most luxurious place he has ever stayed. If you knew the hotel had paid the blogger hundreds of dollars to say great things about it or that the blogger had stayed there for several days for free, it could affect how much weight you'd give the blogger?s endorsement. The blogger should. therefore, let his readers know about that relationship. Another principle in the Guides applies to ads that feature endorsements from people who achieved exceptional, or even above average, results. An example is an endorser who says she lost 20 pounds in two months using the advertised product. If the advertiser doesn?t have proof that the endorser?s experience represents what people will generally achieve using the product as described in the ad (for example, byjust taking a pill daily for two months), then an ad featuring that endorser must make clear to the audience what the generally expected results are. Here are answers to some of our most frequently asked questions from advertisers, ad agencies, bloggers, and others. About the Endorsement Guides Do the Endorsement Guides apply to social media? Yes. Truth in advertising is important in all media, whether they have been around for decades (like, television and magazines) or are relatively new (like, blogs and social media}. Isn?t it common knowledge that bloggers are, paid to tout, products. or that if you click a link on a blogger?s site to buy a product, the blogger will get a commission? No. Some bloggers who mention products in their posts have no connection to the marketers of those products - they don?t receive anything for their reviews or get a commission. They simply recommend those products to their readers because they believe in them. Moreover, the financial arrangements between some bloggers and advertisers may be apparent to industry insiders, but not to everyone else who reads a particular biog. Under the law, an act or practice is deceptive if it misleads ?a significant minority" of consumers. Even if some readers are aware of these deals, many readers aren?t. That?s why disclosure is important. Are you monitoring bloggers? Generally not, but if concerns about possible violations of the FTC Act come to our attention, we'll evaluate them case by case. If law enforcement becomes necessary, our focus usually will be on advertisers or their ad agencies and public relations firms. Action against an individual endorser, however, might be appropriate in certain circumstances. Does the FTC hold online reviewers, to a higher standard than. reviewers for paper?and?ink publications? No. The FTC Act applies across the board. The issue is and always has been whether the audience understands the reviewer?s relationship to the company whose products are being recommended. If the audience understands the relationship, a disclosure isn?t needed. If you're employed by a newspaper or TV station to give reviews whether online or offline your audience probably understands that yourjob is to provide your personal opinion on behalf of the newspaper or television station. In that situation, it?s clear that you did not buy the product yourself? whether it?s a book or a car or a movie ticket. On a personal blog, a social networking page, or in similar media, the reader might not realize that the reviewer has a relationship with the company whose products are being recommended. Disclosure of that relationship helps readers decide how much weight to give the review. What is the legal basis for the Guides? If an endorser is acting on. behalf of an advertiser, what she. or. he is saying is. usually going to be commercial speech and commercial speech violates the FTC Act if it's deceptive. The FTC conducts investigations and brings cases invoiving endorsements under Section 5 of the FTC Act, which generally prohibits deceptive advertising. The Guides. are. intended to. give insight into what the FTC thinks about various marketing activities involving endorsements and how Section 5 might apply to those activities. The Guides themselves don't have the force of law. However, practices inconsistent with the Guides may result in law enforcement actions for violations of the FTC Act. Although there are no fines for violations. of the FTC Act, law. enforcement actions can result in orders requiring the defendants in the case to give up money they received from their violations. When Does the FTC Act Apply to Endorsements? I?m a blogger. I heard that every time I mention a product on my blog,l have to say whether I got it for free or paid for it myself. Is that true? No. If you mention a product you paid for yourseif, there isn?t an issue. Nor is it an issue if you get the product for free because a store is giving out free samples to its customers. The FTC is only. concerned about endorsements that are made on. behalf of a. sponsoring advertiser. For example, an endorsement would be covered by the FTC Act ifan advertiser or someone working for an advertiser pays you or gives you something of value to mention a product. If you receive free products or other perks with the expectation that you?ll promote or discuss the. advertiser?s. products in your blog, you?re covered. Bioggers who are part of network marketing programs where they sign up to receive free product samples in exchange for writing about them also are covered. What if all get from a company is a $1-off coupon, an entry in a sweepstakes or a contest, or a product that is only worth a few dollars? Does that still have to be disclosed? The question you need to ask is whether knowing about that gift or incentive would affect the weight or credibility your readers give to your recommendation. If it could, then it should. be. disclosed. For example, being entered into. a sweepstakes or a contest for a chance to win a thousand dollars in exchange for an endorsement could very well affect how people view that endorsement. Determining whether a small gift would affect the weight or credibility of an endorsement could be difficult. It?s always safer to disclose that information. Also, even if getting one free item that?s not very valuable doesn?t affect your credibility. continually getting free stuff from an advertiser or muitiple advertisers could suggest you expect future benefits from positive reviews. If a blogger or other endorser has a relationship with a marketer or a network that sends freebies in the hope of positive reviews, it?s best to let readers know about the free stuff. Even an incentive with no financial value might affect the credibility of an endorsement and would need to be disclosed. The Guides give the example of a restaurant patron being offered the opportunity to appear in television advertising before giving his opinion about a product. Because the chance to appear in a TV ad could sway what someone says, that incentive should be disclosed. What ifl upload a video to YouTube that shows me reviewing. several products? Should I disclose when I got them from an advertiser? Yes. The guidance for videos is the same as for websites or blogs. What ifl return the product after I review it? Should I still make a disclosure? That might depend on the product and how long you are allowed to use it. For example, if you get free use of a car for a month, we recommend a disclosure even though you have to return it. But even for less valuable products, it?s best to be open and transparent with your readers. I have a website that reviews local restaurants. It?s clear when a restaurant pays for an ad on my website, but do have to disclose which restaurants give me free meals? If you get free meals, you should let your readers know so they can factor that in when they read your reviews. Some readers might conclude that if a restaurant gave you a free meal because it knew you were going to write a review, you might have gotten special food or service. Several months ago a manufacturer sent me a free product and asked me to write about it in my biog. I tried the product, liked it, and wrote a favorable review. When I posted the review, disclosed that I got the product for free from the manufacturer. I still use the product. Do I have to disclose that I got the. product for free every time I mention it in my blog? It might depend on what you say about it, but each new endorsement made without a disclosure could be deceptive because readers might not see the original biog post where you said you got the product free from the manufacturer. A trade association hired me to be its ?ambassador? and promote its upcoming conference in. social media, primarily on Facebook, Twitter, and in my blog. The association is only hiring me for five hours a week. disclose my relationship with the association in my biogs and in the tweets and posts make about the event during the hours I?m working. But sometimes I get questions about the conference in my offtime. ifl respond via Twitter when l?m not of?cially working, do I need to make a disclosure? Can that be solved by placing a badge for the conference in my Twitter pro?le? You have a financial connection to the company that hired you and that relationship exists whether or not you are being paid for a particular tweet. If you are endorsing the conference in your tweets, your audience has a right to know about your relationship. That said, some of your tweets responding to questions about the event might not be endorsements, because they aren?t communicating your opinions about the conference (for example, if someone just asks you for a link to the conference agenda}. Also, if you respond to someone?s questions about the event via email or text, that person probably already knows your af?liation or they wouldn?t be asking you. You probably wouldn?t need a disclosure in that context. But when you respond via social media, all your followers see your posts and some of them might not have seen your earlier disclosures. With respect to posting the conference?s badge on your Twitter profile page, a disclosure on a profile page isn't sufficient because many people in your audience probably won?t see it. Also. depending upon what it says, the badge may not adequately inform consumers of your connection to the trade association. If it?s simply a logo or hashtag for the event, it won't tell consumers of your relationship to the association. share in my social media posts about products I use. Do I actually have to say something positive about a product for my posts to be endorsements covered by the FTC Act? Simpty posting a picture of a product in social media, such as on Pinterest, or a video of you using it could convey that you like. and approve. of the product. If it does, it?s. an endorsement. You don?t necessarily have to use words to convey a positive message. If your audience thinks that what you say or otherwise communicate about a product reflects your opinions or beliefs about the product, and you have a relationship with the company marketing the product, it?s an endorsement subject to the FTC Act. Of course, if you don?t have any relationship with the advertiser, then your posts simply are not subject to the FTC Act, no matter what you show or say about the product. The FTC Act covers only endorsements made. on behalf of a sponsoring advertiser. My Facebook page identifies my employer. Should I include an additional disclosure when 1 post on Facebook about how useful one of our products is? It?s. a good idea. People. reading your posts in their news feed or on your profile. page might not know where you work or what products your employer makes. Many businesses are so diversified that readers might not realize that the products you?re talking about are sold by your company. A famous athlete has thousands of followers on Twitter and is well-known as a spokesperson for a particular product. Does he have to disclose that he?s being paid every time he tweets about the product? It depends on whether his followers understand that he?s being paid to endorse that product. If they know he's a paid endorser, no disclosure is needed. But ifa significant portion of his followers don?t know that, the relationship should be disclosed. Determining whether followers are aware ofa relationship could be tricky in many cases, so we recommend disclosure. A famous celebrity has millions of followers on Twitter. Many people know that she regularly charges advertisers to mention their products in her tweets. Does she have to disclose when she?s being paid to tweet about products? It depends on whether her. followers understand that her tweets about products are paid endorsements. If a significant portion of her followers don?t know that, disclosures are needed. Again, determining that could be tricky, so we recommend disclosure. Product Placements What does the FTC have to say about product placements on television shows? Federal Communications Commission (FCC, not FTC) law requires TV stations to include disclosures of product placement in TV shows. FTC staff has expressed the opinion that under the FTC Act, product placement {that is, merely showing products or brands in third-party entertainmenth news content as distinguished from sponsored content or disguised commercials), doesn't require a disclosure that the placement was paid-for by the advertiser. What if the host of a television talk show expresses her opinions about a product let?s say a videogame and she was paid for the promotion? The segment is entertainment, it?s humorous, and it?s not like the host is an expert. Is that different from a product placement and does the payment have to be disclosed? If the host endorses the product even if she isjust playing the game and saying something like "wow, this is awesome" it?s more than a product placement. If the payment for the endorsement isn?t expected by the audience and it would affect the weight the audience gives the endorsement, it should. be disclosed. It doesn?t matter that the host isn?t an expert or the segment is humorous as long as the endorsement has credibility that would be affected by knowing about the payment. However, if what the host says is obviously an advertisement think of an old?time television show where the host goes to a different set. holds up a cup of coffee, says ?Wake. up with. ABC Coffee. It?s how I start my day!? and takes a sip a disclosure probably isn?t necessary. Endorsements by Individuals on Social Networking Sites Many social networking sites allow you to share your interests with friends and followers by clicking a button or sharing a link to show that you?re a fan of a particular business, product, website or service. Is that an ?endorsement?. that needs. a disclosure? Many people enjoy sharing their fondness for a particular product or service with their social networks. If you write about how much you like something you bought on your own and you?re not being rewarded, you don?t have to worry. However, if you?re doing it as part of a sponsored campaign or you?re being compensated for example, getting a discount on a future purchase or being entered into a sweepstakes for a significant prize then a disclosure is appropriate. I am an avid social media user who often gets rewards for participating in online campaigns on behalf of brandsclick a ?like? button, pin a picture, or share a link to. show that I'm a. fan of a particular business, product, website or service as part of a paid campaign? Using these features to endorse a com pany?s products or services as part of a sponsored brand campaign probably requires a disciosure. We realize that some piatforms like Facebook?s ?like? buttons don?t allow you to make a disclosure. Advertisers shouldn?t encourage endorsements using features that don?t allow for clear and conspicuous disclosures. However, we don?t know at this time how much stock social network users put into ?likes? when deciding to patronize a business, so the failure to disclose that the people giving ?likes? received an incentive might not be a problem. An advertiser buying fake ?likes? is very different from an advertiser offering incentives for ?likes? from actual consumers. If ?likes? are from non-existent people or people who have no experience using the product or service, they are clearly deceptive, and both the purchaser and the seller of the fake ?likes? could face enforcement action. 10 posted a review of a service on a website. Now the marketer has taken my review and changed it in a way that I think is misleading. Am I liable for that? What can I do? No, you aren?t liable for the. changes the marketer made to your review. You could, and probably should, complain to the marketer and ask them to stop using your altered review. You also could file complaints with the FTC, your local consumer protection organization, and the Better Business Bureau. How Should I Disclose That I Was Given Something for My Endorsement? Is there special wording have to use to make the disclosure? No. The point isto, give readers. the essential information. A simple disclosure like ?Company gave me this product to try . . . will usually be effective. Do have to hire a lawyer to help me write a disclosure? No. What matters is effective communication, not legalese. A disclosure like ?Company sent me [name of product] to try, and I think it?s great? gives your readers the information they need. Or, at the start of a, short video, you might say, ?Some of the products I?m. going to use in this video were sent to me by their manufacturers.? That gives the necessary heads-up to. your. viewers. When should I say more than that I got a product for free? It depends on what else {if anything) you received from the company. For example, if an app developer gave you their 99-cent app for free in order for you to review it, that might not have much effect on the weight that readers give to your review. But if the app developer also gave you $100, that would have a much greater effect on the credibility of your review. So a disclosure that simply said you got the app for free wouldn't be good enough. Similarly, if a company gave you a $50 gift card to give away to one of your readers and a second $50. gift card to keep for yourself, it wouldn?t be good. enough to only say that the company gave you a gift card to give away. I?m doing a review of a videogame that hasn?t been released yet. The manufacturer is paying me to try the game and review it. I was planning on disclosing that the manufacturer gave me a "sneak peak" ofthe game. Isn?t that enough to put people on notice of my relationship to the manufacturer? No, it?s not. Getting. early access doesn't mean that you got paid. Getting a ?sneak peak" of the game doesn?t even mean that you get to keep the game. If you get early access, you can say that, but if you are paid, you should say so. Are you saying that I need to list the details of everything get from a company for reviewing a product? No. As long as your audience knows the nature of your relationship, it?s good enough. So whether you got $50 or $1,000 you could simply say you were ?paid.? (That wouldn't be good enough, however, if you?re an employee or co-owner.) Would a single disclosure on my home page that ?many of the products I discuss on this site are provided to me free by their manufacturers? be enough? A single disclosure on your home page doesn?t really do it because people visiting your site might read individual reviews or watch individual. videos without seeing the disclosure on your home page. upload a video to YouTube and that video requires a disclosure, can I just put the disclosure in the description that I upload together with the video? No, because it?s easy for consumers to miss disclosures in the video description. Many people might watch the video without even seeing the description page, and those who do might not read the disclosure. The disclosure has the most chance of being effective if it is made clearly and prominently in the. video. itself. That?s not to. say that you couldn?t have disclosures in both the video and the description. Would a button that says LEGAL, or something like that which links to a full disclosure be sufficient? No. A hyperlink like that isn?t likely to be sufficient. It does not convey the. importance, nature, and relevance of the information to which it leads and it is likely that many consumers will not click on it and therefore miss necessary disclosures. The disclosures we are talking about are brief and there is no reason to hide them behind a hyperlink. ?I?i 12 What about a platform like Twitter? How can I make a disclosure when my message is limited to 140 characters? The FTC isn?t mandating the specific wording of disclosures. However, the same general principle that people get the information they need to evaluate sponsored statements applies. across the board, regardless. of the advertising medium. The words ?Sponsored? and ?Promotion? use only 9 characters. "Paid ad? only uses 7? characters. Starting a tweet with or which takes only 3 characters would likely be effective. The Guides say that disclosures have to be clear and conspicuous. What does that mean? To make a disclosure ?clear and conspicuous.? advertisers should use clear and unambiguous language and make the disclosure stand out. Consumers should be able to notice the disclosure easily. They should not have to look for it. In general, disclosures should be: in close to the claims to which they relate; a in a font that is easy to read; a in a shade that stands out against the background; 0 for video ads, on the screen long enough. to be noticed, read, and. understood; a for audio disclosures, read at a cadence that is easy for consumers to follow and in words. consumers will understand. A disclosure that is made in both audio and video is more likely to be noticed by consumers. Disclosures should not be hidden or buried in footnotes. in blocks of text people are not likely to read, or in hyperlinks. lfdisclosures are hard to find, tough to understand, fleeting, or buried in unrelated details, or if other elements in the ad or message obscure or distract from the disclosures, they don't meet the ?clear and conspicuous? standard. With respect to online disclosures, FTC staff has issued a guidance document, ?.com Disclosures: How to Make Effective Disclosures in Digital Advertising,? which is available on ftc.gov. I?ve been paid to endorse a product in social media. My posts, videos, and tweets will be in Spanish. In what language should i disclose that I?ve been paid for the promotion? The. connection between an endorser and. a marketer should be disclosed in whatever language or languages the endorsement is made, so your disclosures should be in Spanish. I guess need to make a disclosure that I?ve gotten paid for a video review that I?m uploading to YouTube. When in the review should I make the disclosure? Is it ok if it?s at the end? It?s more likely that a disclosure at the. end of the video will. be missed, especially if. someone doesn?t watch the whole thing. Having it at the beginning of the review would be better. Having multiple disclosures during the video would be even better. Of course. no one should promote a link to your review that bypasses the beginning of the video and skips over. the disclosure. If YouTube. has been enabled to. run ads during your video,. a disclosure that is obscured by ads is not clear and conspicuous. I?m getting paid to do a videogame playthrough and give commentary while I?m playing. The playthrough which will last several hours will be live streamed. Would a disclosure at the beginning ofthe stream be ok? Since viewers can tune in any time, they could easily miss a disclosure at the beginning of the stream or at any other single point in the stream. People should see a disclosure no matter when they tune in. There could be multiple, periodic disclosures throughout the stream. To be. cautious, you. could have a continuous, clear. and conspicuous disclosure throughout the entire stream. Other Things for Endorsers to Know Besides disclosing my relationship with the company whose product I?m endorsing, what are the essential things I need to know about endorsements? The most important principle is that an endorsement has to represent the accurate experience and opinion of the endorser: 0 You can?t talk about your experience with a product if you haven't tried it. If you were paid to try a product and you thought it was terrible, you can?t say it?s terrific. You can't make ciaims. about a. product that would require. proof the advertiser doesn?t have. The Guides give the example ofa blogger commissioned by an advertiser to review a new body lotion. Although the advertiser does not make any claims about the lotion?s ability to cure skin conditions and the blogger does not ask the advertiser whether there is substantiation for the claim, she writes that the. lotion cures. eczema. The blogger is subject to liability for her unsubstantiated claims. 13 14 Social Media Contests My company runs contests and sweepstakes in social media. To enter, participants have to send a Tweet or make a pin with the hashtag, #XYZ_Rocks. is the name of my product.) Isn?t that enough to notify readers that the posts were incentivized? No, it is. likely that many readers would not understand such a. hashtag to mean that those posts were made as part of a contest or that the people doing the posting had received something of value (in this case, a chance to win the contest prize). Making the word ?contest? or "sweepstakes" part of the hashtag should be enough. However, the word ?sweeps? probably isn?t, because it is likely. that many. people would. not understand. what that means. Online Review Programs My company runs a retail website that includes customer reviews of the products we sell. We believe honest reviews help our customers. and we give out free products to a select group of our customers for them to review. We tell them to be honest, whether it?s positive or negative. What we care about is how helpful the reviews are. Do we still need to disclose which reviews were of free products? Yes. Knowing that reviewers got the product they reviewed for free would probably affect the weight your customers give to the reviews, even if you didn?t intend for that to happen. And even assuming the reviewers in your program are unbiased, your customers have the right to know which reviewers were given products for free. It's also possibie that the reviewers may wonder whether your company would stop sending them products if they wrote several negative reviews despite your assurances that you only want their honest opinions and that could affect their reviews. My company, XYZ, operates one of the most popular multi-channel networks on YouTube. Wejust entered into a contract with a videogame marketer to pay some of our network members to produce and upload video reviews ofthe marketer?s games. We?re going to have these reviewers announce at. the beginning of each video (before the action starts) that it?s ?sponsored by and also have a prominent simultaneous disclosure on the screen saying the same thing. Is that good enough? Many consumers could think that XYZ is a neutral third party and won?t realize from your disclosures that the review was really sponsored (and paid for) by the videogame marketer, which has a strong interest in positive reviews. If the disclosure said, ?Sponsored by [name of the game company],? that would be good enough. Soliciting. Endorsements My company wants to contact customers and interview them about their experiences with our service. If we like what they say about our service, can we ask them to allow us to quote them in our ads? Can we pay them for letting us use their endorsements? Yes, you can ask your customers about their experiences with your product and feature their comments in your ads. If they have no reason to expect compensation or any other benefit before they give their comments, there?s no need to disclose your payments to them. However, if you?ve given these customers a reason to expect a benefit from providing their thoughts about your product, you should disclose that fact in your ads. For example, if customers are told in advance that their comments might be used in advertising, they might expect to receive a payment for a positive review, and that could influence what they say, even if you tell them that you want their honest opinion. In fact, even if you tell your customers that you aren't going to pay them but that they might be featured in your advertising, that opportunity might be seen as having a value, so the fact that they knew this when they gave the review should be disclosed ?Customers were told in advance they might be featured in an 15 I?m starting a new Internet business. I don?t have any money for advertising, so I need publicity. Can I tell people that if they say good things about my business in online reviews, l?ll give them a discount on items. they buy through my website? It?s not a good idea. Endorsements must reflect the honest opinions or experiences of the endorser, and your plan could cause people to make up positive reviews even if they?ve never done business with you. However, it's okay to invite people to post reviews of your business after they?ve actually used your products or services. If you?re offering them something of value in return for these reviews. tell them in advance that they should disclose what they received from you. You should also inform potential reviewers that the discount will be conditioned upon their making the disclosure. That way, other consumers can decide how much stock to put in those reviews. What Are an Advertiser?s Responsibilities for What Others Say in Social Media? Our company. uses. a. network of bloggers and other. social media. influencers to promote our products. We understand we?re responsible for monitoring our network. What kind of monitoring program do we need? Will we be liable if someone in our network says something false about our product or fails to make a disclosure? Advertisers need to have reasonable programs in place to train and monitor members of their network. The scope of the program depends on the risk that deceptive practices by network participants could cause consumer harm either physical injury or ?nancial loss. For example, a network devoted to the sale of health products may require more supervision than a network promoting, say, a new fashion line. Here are some elements every program should include: 1. Given an advertiser?s responsibility for substantiating objective product claims, explain to members of your network what they can (and can?t) say about the products for example, a list of the health claims they can make for your products; 2. Instruct members of the network on their responsibilities for disclosing their connections to you; 3. Periodically search for what your people are saying; and 4. Follow up if you find questionable practices. It?s unrealistic to expect you to be aware of every single statement made by a member of your network. But it?s up to you to make a reasonable effort to know what participants in your network are saying. That said, it?s unlikely that the activity of a rogue biogger would be the basis of a law enforcement action if your company has a reasonable training and monitoring program in place. Our company?s social media program is run by our public relations ?rm. We tell them to make sure that what they and anyone they pay on our behalf do complies with the Guides. Is that good enough? Your company is ultimately responsible for what others do on your behalf. You should make sure your public relations firm has an appropriate program in place to train and monitor members of its social media network. Ask for regular reports confirming that the program is operating properly and monitor the network periodically. Delegating part of your promotional program to an outside entity doesn?t relieve you of responsibility under the FTC Act. What About Intermediaries? have a small network marketing business. Advertisers pay me to distribute their products to members of my network who then try the product for free. How do the principles in the Guides affect me? You should tell the participants in your network that if they endorse products they have received through your program, they should make it clear they got them for free. Advise your clients the advertisers that if they provide free samples directly to your members, they should remind them of the importance of. disclosing the relationship when they talk about those products. Put a program in place to check periodically whether your members are making those disclosures, and to deal with anyone who isn?t complying. My company recruits ?influencers? for marketers who want them to endorse their products. We pay and direct the influencers. What are our responsibilities? Because of your role in recruiting and directing the influencers, your company is responsible for any failures by the influencers you pay to adequately disclose that they received payments. for, their endorsements. Teach your influencers. to. adequately disclose their compensation for endorsements and take reasonable steps to monitor their compliance with that obligation. 18 What About Affiliate or Network Marketing? I?m an affiliate marketer with links to an online retailer on my website. When people read what I?ve written about a particular product and then click on those links and buy something from the retailer, I earn a commission from the retailer. What do have to disclose? Where should the disclosure be? If. you disclose your relationship tothe retailer clearly and. conspicuously on your site, readers can decide how much weight to give your endorsement. In some instances like when the affiliate link is embedded in your product review a single disclosure may be adequate. When the review has a clear and conspicuous disclosure of your relationship and the reader can see both the review containing. that disclosure and the link at the same time, readers have the information they need. You could say something like, get commissions for purchases made through links in this post." But if the product review containing the disclosure and the link are separated, readers may lose the connection. As for where to place a disclosure, the guiding principle is that it has to be clear and conspicuous. The closer it is to your recommendation, the better. Putting disclosures in obscure places for example, buried on an ABOUT US or GENERAL INFO page, behind a. poorly labeled hyperlink or in a ?terms of service" agreement isn?t goodenough. Neither is placing it below your review or below the link to the online retailer so readers would have to keep scrolling after they finish reading. Consumers should be able to notice the disclosure easily. They shouldn?t have to hunt for it. Is ?affiliate link? by itself an adequate disclosure? What about a ?buy now? bu?on? Consumers might not understand that ?affiliate link? means that the person placing the link is getting. paid. for. purchases through the link. Similarly, a ?buy now?. button would not be adequate. I hear what you're saying, but ldon?tjust review a product here and. there. My site reviews all of the products in a product category and for each product whether we love it or pan it have a. link to the. website. ofa leading. online retailer. I don?t favor one product over another based upon my affiliate payments from the retailer. Do I really need to disclose my relationship with. the retailer? You are endorsing the specific online retailer to whom you are linking. Knowing that you are getting. paid if. they. buy an item from that retailer, rather than from. another one, might affect the weight that readers give your endorsement of the retailer. What if I?m including links to product marketers or to retailers as a convenience to my readers, but I?m not getting paid for them? Then there isn?t anything to disclose. Does this guidance about affiliate links apply to links in my product reviews on someone else?s website, to my user comments, and to my tweets? Yes, the same guidance applies anytime you endorse a. product and. get paid through affiliate links. It's clear that what's on my website is a paid advertisement, not my own endorsement or review ofthe product. Do I still have to disclose that get a commission if people click through my website to buy the product? If it?s clear that what?s on your site is a paid advertisement, you don?t have to make additional disclosures. Just remember that what?s clear to you may not be clear to everyone visiting your site, and. the FTC evaluatesads from the perSpective of. reasonable. consumers. Expert Endorsers Making Claims Outside of Traditional Advertisements One ofour company?s paid spokespersons is an expert who appears on news and talk shows promoting our product, sometimes along with other products she recommends based on her expertise. Your Guides give an example ofa celebrity spokesperson appearing on a talk show and recommend that the celebrity disclose her connection to the company she is promoting. Does that principle also apply to expert endorsers? Yes, it does. Your spokesperson should disclose her connection when promoting your products outside of traditional advertising media (in other words, on programming that consumers won?t recognize as paid advertising}. The same guidance also would apply to. comments by the expert in her blog or on her website. 19 20 Employee Endorsements work for a terrific company. Can I mention our products to people in my social networks? How about on a review site? My friends won?t be misled since it?s clear in my online pro?les where I work. First, we recommend that you check with. your. employer to make sure you?re complying with its policies before using any form of social media to talk about the company?s products. If your company allows employees to use social media to talk about its products, you should make sure that your relationship is disclosed to. people who. read your online. postings about your company or its products. Put yourself in the reader?s shoes. Isn?t the employment relationship something you would want to know before relying on someone else's endorsement? Listing your employer on your profile page isn?t enough. After all, people. who just read. what you post on a review site won't get that information. People reading your posting on a review site probably won?t know who you are. You definitely should disclose your employment relationship when making an endorsement. Our company?s policy says that employees should not post positive reviews online about our products without clearly disclosing their relationship to the company. All of our employees agree to abide by this policy when they are hired. But we have several thousand people working here and we can?t monitor what they all do on their own computers and other devices when they aren?t at work. Are we liable if an employee posts a review of one of our products, either on our company website or on a social media site and doesn?t disclose that relationship? It wouldn't be reasonable to expect you to monitor every social media posting by all of your employees. However, you should establish a formal, program to remind. employees. periodically of your policy, especially if the company encourages employees to share their opinions about your products. Also, if you learn that an employee has posted a review on the company?s website or a social media site without adequately disclosing his or her relationship to the company, you, should. remind them of your company policy and. ask them to remove that review or adequately disclose that they?re an employee. What about employees of an ad agency or public relations firm? Can my agency ask our employees to spread the buzz about our clients? products? First, an ad agency (or any company for that matter) shouldn?t ask employees to say anything that isn?t true. No one should endorse a product they haven't used or say things they don?t believe, and an employer certainly shouldn?t encourage employees to do that. Moreover, employees of an ad agency or public relations firm have a connection to the advertiser, which should be disclosed in all social media posts. Agencies asking their employees to spread the word. must instruct those employees about their responsibilities to disclose their relationship. Using Testimonials That Don?t Reflect the Typical Consumer Experience We want to run ads featuring endorsements from consumers who achieved the best results with our company?s product. Can. we do that? Testimonials. claiming specific results usually will be interpreted to mean that the. endorser?s experience reflects what others can also expect. Statements like ?Results not typical? or ?Individual results may vary? won?t change that interpretation. That leaves advertisers with two choices: 1. Have adequate proof to back up the claim that the results shown in the ad are typical, or 2. Clearly and conspicuously disclose the generally expected performance in the circumstances shown in the ad. How would this principle about testimonialists who achieved exceptional results apply in a real ad? The Guides include several examples with practical advice on. this topic. One example is about an ad in which a woman says, lost 50 pounds in 6 months with WeightAway." If consumers can't generally expect to get those results, the ad should say how much weight consumers can expect to lose in similar circumstances for example, ?Most women who use WeightAway for six months lose at least 15 pounds." Our company website includes testimonials from some of our more successful customers who used our product during the past few years and mentions the results they got. We can?t figure out now what the ?generally expected results? were back then. What should we do? Do we have, to remove those testimonials? There are two issues here. First, according to the Guides, if your website says or implies that the endorser currently uses the product in question, you can use that endorsement only as long as you have good reason to believe the endorser does still use the product. If you?re using endorsements that are a few years old, it?s your obligation to make sure the claims still are accurate. If your product has changed, it?s best to get new endorsements. Second, if your product is the same as it was when the endorsements were given and the claims are still accurate, you probably can use the old endorsements if the disclosures are consistent with what the generally expected results are now. Where can I find out more? The Guides offer more than 35 examples involving various endorsement scenarios. Questions? Send them to We may address them in future FAQs. The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or get free information on consumer issues. visit ftc.gov or call toll-free, 1-877-FTC-HELP TTY: 1-866-653-4261. Watch a video, How to File a Complaint, at consumer.ftc.gov/media to learn more. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the US. and abroad. Your Opportunity to Comment The National Small Business Ombudsman and 10 Regional Fairness Boards collect comments from small businesses about federal compliance and enforcement activities. Each year, the Ombudsman evaluates the conduct of these activities and rates each agency's responsiveness to small businesses. Small businesses can comment to the Ombudsman without fear of reprisal. To comment. call toll-free (1-888-734-3247) or go to budsman. ., Federal Trade Commission business?ogov May 2015 Code of Federal Regulations Page 1 of 7' ELECTRONIC CODE OF. FEDERAL REGULATIONS data is current as of March 16, 2017 Title 15 Chapter I Subchapter Part 255 Title 16: Commercial Practices PART CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING Contents ?255.0 Purpose and de?nitions. ?255.1 Generalconsiderations. ?255.2 Consumerendorsements. ?255.3.. Expert endorsements. Endorsements. by organizations. ?255.5 Disclosure of material connections. AUTHORITY: 38 Stat. HT, as amended; 15 U.S.C. 41 - 58. SOURCE: T4 FR 53138, Oct. 15, 2009, unless otherwise noted. 1. Back to Top ?255.0 Purpose and de?nitions. The. Guides in this part represent administrative. interpretations. of laws enforced by the Federal Trade Commission for the. guidance of the public in conducting its affairs in conformity. with legal requirements. Speci?cally, the. Guides address the applicatiOn of Section 5 of the FTC Act (15 U.S.C. 45) to the use of endorsements and testimonials in advertising. The Guides provide the basis for voluntary compliance with the law by advertisers and endorsers. Practices inconsistent with these Guides may result in corrective action by the Commission under Section 5 if, after investigation, the Commission has reason to believe that the practices fall within the scope of conduct declared unlawful by the statute. The Guides set forth the general principles that the Commission will use in evaluating endorsements and testimonials. together with examples illustrating the application of those principles. The Guides do not purport to cover every possible use of endorsements. in advertising- Whether a particular endorsement or testimonial is deceptive. will depend on the specific factual circumstances of the advertisement at issue. For purposes of this part, an endorsement means any advertising message (including verbal statements, demonstrations, or depictions of the name, signature. likeness or other identifying personal characteristics of an individual or the name or seal of an organization) that consumers are likely to believe reflects the opinions, beliefs, ?ndings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by that party are identical to those of the sponsoring advertiser. The party whose opinions, beliefs, ?ndings, or experience the message appears to reflect will be called the endorser and may be an individual, group, or institution. The Commission intends to treat endorsements and testimonials identically in the context of its enforcement of the Federal Trade Commission Act and for. purposes of this part. The term endorsements is therefore generally used hereinafter to cover both terms and situations. For purposes of this part, the. term product includes any product, service, company or industry. to) For purposes of this part, an expert is an individual, group, or. institution possessing, as a result of experience, study, or training, knowledge of a particular subject, which knowledge is superior to what ordinary individuals generally acquire. Exampte. I: A ?lm critic's review of a movie is excerpted in an advertisement. When so used, the review meets the de?nition of an endorsement because it is viewed by readers as a statement of. the critic's own opinions and not those. ofthe ?lm producer, distributor, or exhibitor. Any alteration in. or quotation from the text of the review that does not fairly re?ect its substance would be. a. violation of the standards set by this part because it would distort the endorser?s opinion. [See Exampte. 2: A T?vr commercial depicts two women in a supermarket buying a laundry detergent. The women are not identified outside the context of the advertisement. One comments to the other how. clean her brand makes. her family?s clothes, and the other then comments that she will try it because she has not been fully satis?ed with her own brand. This obvious ?ctional dramatization of a real life situation. would not be an endorsement. 31/201901? Code of Federal Regulations Page 2 of 7' Example 3: In an advertisement for a pain remedy. an announcer who is not familiar to consumers except as a spokesman for the advertising drug. company praises the. drug's ability to deliver fast and. lasting. pain relief. He. purports. to speak. not on the basis of his own opinions. but rather in the place of and on behalf of the drug company. The announcer's statements would not be considered an endorsement. Example 4: A manufacturer of automobile tires hires a well-known professional automobile racing driver to deliver its advertising message in television commercials. In these commercials, the driver speaks. of the smooth. ride, strength, and long life of the tires. Even though the message is not expressly declared to be the personal opinion of the driver. it may nevertheless constitute an endorsement of the tires. Many consumers will recognize this individual as being primarily a racing driver and not merely a spokesperson or announcer for the advertiser. Accordingly, they may well believe the driver would not speak for an automotive product unless he. actually believed in what he was. saying and had personal knowledge. suf?cient to form that belief. Hence, they would think that the advertising message re?ects the driver's personal views. This attribution of the underlying views to the driver brings the advertisement within the de?nition of an endorsement for purposes of this part. Example 5: A television advertisement for a particular brand balls shows a prominent and well-recognized professional golfer practicing. numerous drives o?the tee. This would. be an endorsement by the golfer even though she makes no verbal statement in the advertisement. Example 6: An infomercial for a home ?tness system is hosted by a well-known entertainer. During the infomercial. the entertainer demonstrates the machine and states that it is the most effective and easy-to-use home exercise machine that she has ever tried. Even if she is reading from a script. this statement would be an endorsement, because consumers are liker to believe it re?ects the entertainer?s views. Example .7: A television advertisement for a housewares store features a well-known female comedian and a well-known male baseball player engaging in light-hearted banter about products each one intends to purchase for the other. The comedian says that she will buy him a Brand X, portable. high-de?nition television so he can finally see the strike zone, He says that he will get her a Brand juicer so she can make juice with all the fruit and vegetables thrown at her during her performances. The comedian and baseball player are not likely to be deemed endorsers because consumers will likely realize that the individuals are not expressing their own views. Example 8: A consumer who regularly purchases a particular brand of dog food decides one day to purchase a new. more expensive brand made by the same manufacturer. She writes in her personal blog that the change in diet has made her dog's fur noticeably softer and shinier. and that in her opinion. the new food definitely is worth the extra money. This posting would not be deemed an endorsement under the Guides. Assume that rather than purchase the dog food with her own money. the consumer gets it forfree because the store rootiner tracks her purchases and its computer has generated a coupon for a free trial bag of this new brand. Again. her posting would not be deemed an endorsement under the Guides. Assume now that the consumerjoins a network marketing program under which she periodically receives various products about which she can write reviews if she wants to do so. If she receives a free bag of the new dog food through this program. her positive review would be considered an endorsement under the Guides. 1.. Back to Top ?255.1 General considerations. Endorsements must re?ect the. honest opinions?ndings, beliefs, or experience. of the endorser. Furthermore. an endorsement may not convey any express or implied representation that would be deceptive if made directly by the advertiser. [See ?255.2(a) and regarding substantiation of representations conveyed by consumer endorsements. The endorsement message need not be phrased in the exact words of the endorser, unless the advertisement affirmatively so represents. However, the endorsement may not be presented out of context or reworded so as to distort in any way the endorser's opinion or experience with the product. An advertiser may use an endorsement of an expert or celebrity only so long as. it has good. reason to believe that the endorser continues to subscribe to. the views presented. An advertiser. may satisfy. this. obligation by. securing the. endorser's. views at reasonable intervals. where reasonableness will. be determined by such factors as new information on. the. performance. or effectiveness of the product, a material. alteration in the product. changes in the performance of competitors' products, and the advertiser's contract commitments. to) When the advertisement represents that the endorser uses the endorsed product, the endorser must have been a bona fide user of it at the time the endorsement was given. Additionally, the advertiser may continue to run the advertisement only so long as it has good reason to believe that the endorser remains a bona fide user of the product. [See ?255.1(b) regarding the "good reason to believe? are subject to liability for false or unsubstantiated statements made. through endorsements. or for. failing to disclose. material connections between themselves. and their endorsers [see ?255.5]. Endorsers also may. be. liable for statements made. in. the course of. their endorsements. Example 1: A building contractor states in an advertisement that he uses the advertiser?s exterior house paint because of its remarkable quick drying properties and durability. This endorsement must comply with the pertinent requirements of ?255.3 {Expert Endorsements). Subsequently. the advertiser reformulates its paint to enable it to cover exterior surfaces with only one coat. Prior to continued use of the contractor's endorsement. the advertiser must contact the contractor in order to determine whether the contractor would continue to specify the paint and to subscribe to the views presented previously. 3/20l201'l' Code of Federal Regulations Page 3 of 7' Exampl?e 2: A television advertisement portrays a woman seated at a desk on which rest five unmarked computer keyboards. An announcer says. "We asked X. an administrative assistant for over ten years, to try. these ?ve unmarked keyboards and tell. us which one she liked best."The advertisement portrays typing on each keyboard and then picking the advertiser's brand. The announcer asks her why, and gives her reasons. This endorsement would probably not represent that actually uses the advertiser's keyboard at work. In addition. the endorsement also may be required to meet the standards of ?255.3 (expert endorsements). Exampie An ad for an acne treatment features a dermatologist who claims that the product is ?clinically proven" to work.. Before giving the endorsement. she received a write-up of the clinical study in question, which indicates ?aws in the design and conduct of the study that are so serious that they preclude any conclusions about the efficacy of the product. The dermatologist is subject to liability for the false statements she made in the advertisement. The advertiser is also liable for misrepresentations made through the endorsement. [See Section. 255.3 regarding. the. product evaluation that an expert endorser must conduct. Exampie 4: A well-known celebrity appears in an infomercial for an oven roasting bag that purportedly cooks every chicken perfectly in thirty minutes. During the shooting of the infomercial. the celebrity watches ?ve attempts to cook chickens using the bag. In each attempt. the chicken is undercooked after. thirty. minutes and requires. sixty minutes of. cooking time. In the commercial. the celebrity. places an uncooked chicken. in the oven roasting bag and. places the bag in one oven. He then takes a chicken roasting. bag from a second oven. removes from the bag what appears to be a perfectly cooked chicken, tastes the chicken, and says that if you want perfect chicken every time, in just thirty minutes, this is the product you need. A signi?cant percentage of consumers are likely to believe the celebrity's statements represent his own views even though he is reading from a script. The celebrity is subject to liability for his statement about the product. The advertiser is also liable for misrepresentations made through the endorsement. Exampie 5: A skin care products advertiser participates in a blog advertising service. The service matches up advertisers with bloggers who will promote the advertiser?s products on their personal blogs. The advertiser requests that a blogger try a new body lotion and. write. a. review. of the product on her blog. Although the advertiser. does not make any. speci?c claims about the. lotion's ability to cure skin conditions and the blogger does not ask the advertiser whetherthere is substantiation for the claim, in her review the blogger writes that the lotion cures eczema and recommends the product to her blog readers who suffer from this condition. The advertiser is subject to liability for misleading or unsubstantiated representations made through the blogger's endorsement. The blogger also is subject to liability for misleading or unsubstantiated representations made in the course of her endorsement. The blogger is also liable if she. falls to disclose clearly and. conspicuously that she. is being paid for her services. [See ?255.5.] In order to limit its potential liability, the advertiser should ensure that the advertising. service provides guidance. and training to. its bloggers concerning the need to ensure that statements they make are truthful and substantiated. The advertiser should also monitor bloggers who are being paid to promote its products and take steps necessary to halt the continued publication of deceptive representations when they are discovered, Back to Top ?255.2 Consumer endorsements. An advertisement employing endorsements by one or more concumers about the performance of an advertised product or service will be interpreted as representing that the product or service is effective for the purpose depicted in the advertisement. Therefore. the advertiser must possess and rely upon adequate substantiation, including, when appropriate, competent and reliable scienti?c. evidence, to support such claims made through endorsements in the same manner the advertiser would. be. required to. do. if it had made the representation directly, to, without using endorsements. Consumer endorsements themselves are not competent and reliable scientific. evidence. An advertisement containing an endorsement relating the. experience of. one or more. consumers on a central or key attribute of the product or service also will likely be interpreted as representing that the endorser's experience is representative of what consumers will generally achieve with the advertised product or service in actual. albeit variable, conditions of. use. Therefore. an advertiser. should possess. and rely upon. adequate substantiation for. this representation. If the advertiser does not have substantiation that the endorser's experience is representative of what consumers will generally achieve, the advertisement should clearly and conspicuously disclose the generally expected performance in the depicted circumstances, and the advertiser must possess and rely on adequate substantiation for that representation.105 105The Commission tested the communication of advertisements containing testimonials that clearly and prominently disclosed either ?Results not typical? or the stronger "These testimonials are based on the experiences of a few people and you are not likely to have similar results.?Neither disclosure adequately reduced the communication that the experiences depicted are generally representative. Based. upon. this research, the. Commission believes that similar disclaimers regarding. the. limited applicability of an endorser?s experience to what consumers may generally expect to achieve are unlikely to be effective. Nonetheless, the Commission cannot rule out the possibility that a strong disclaimer of typicality could be effective in the context of a particular advertisement. Although the Commission would have the burden of proof in a law enforcement action, the Commission notes that an advertiser possessing reliable empirical testing demonstrating that the net impression of its advertisement with. such adisclaimer. is non-deceptive will avoid the risk of the initiation of. suchan action in the. first instance. to) Advertisements presenting endorsements by what are represented. directly or by. implication, to be ?actual consumers" should utilize actual consumers in both the audio and video. or clearly and conspicuously disclose that the persons in such advertisements are not actual consumers of the advertised product. Exampr'e 1:15. brochure for a baldness treatment consists entirely of testimonials from satis?ed customers who say that after using the product, they. had amazing hair growth. and their hair is as thick and strong as it was when they were teenagers..The advertiser must have competent and reliable scienti?c evidence that its product is effective in producing new hair growth. 3/20f201 7' Code of Federal Regulations Page 4 of 7' The ad will also likely communicate that the endorsers' experiences are representative of what new users of the product can generally expect. Therefore. even if the advertiser includes a disclaimer. such. as. "Notice: These testimonials do. not prove our. product works. You should not expect to have similar results.? the ad is likely to be deceptive unless the advertiser has adequate substantiation that new users typically will experience results similar to those experienced by the testimonialists. Example 2: An advertisement disseminated by a company that sells heat pumps presents endorsements from three individuals who state that after installing the company's heat pump in their homes. their utility bills went down by $100. $125. and $150. respectively. The ad will. likely. be interpreted as conveying that suchsavings are representative of what consumerswho buy. the. company's heat pump can generally expect. The advertiser does not have substantiation for that representation because. in fact. less than 20% of purchasers will save $100 or more. A disclosure such as. "Results not typical? or. "These testimonials are based on the experiences ofa few people and you are not likely to have similar results" is insuf?cient to prevent this ad from being deceptive because consumers will. still. interpret the ad. as conveying that the. speci?ed savings are. representative of what consumers can generally expect. The ad is less likely to be deceptive if it clearly and conspicuously discloses the generally expected savings and the advertiser has adequate substantiation that homeowners can achieve those results. There are multiple ways that such a disclosure could be phrased, ?the average homeowner saves $35 per month." ?the typical family saves $50 per month during cold. months and $20 per month in warm months." or ?most familiessave. 10%. on their utility bills." Example 3: An advertisement for a cholesterol-lowering product features an individual who claims that his serum cholesterol went down by 120 points and does not mention having made any lifestyle changes. A well-conducted clinical study shows that the product reduces the cholesterol levels of individuals with elevated cholesterol by an average of 15% and the advertisement clearly and conspicuously discloses this. fact. Despite the presence of this disclosure, the advertisement would be deceptive. if. the. advertiser does not have adequate substantiation that the product can produce the specific results claimed by the endorser a 120-point drop in serum cholesterol without any lifestyle changes). Example 4: An advertisement for a weight-loss product features a formerly obese woman. She says in the ad, "Every day, I drank 2 Weighmway shakes, ate only raw vegetables. and. exercised vigorously for six hours atthe. gym. By. theend of six months, I had gone from 250 pounds to 140 pounds."The advertisement accurately describes the woman?s experience, and such a result is within the range that would be generally experienced by an extremely overweight individual who consumed WeightAway shakes. only ate raw vegetables. and exercised as the endorser did. Because the endorser clearly describes the limited and truly exceptional circumstances under which sheachieved her results. the ad is not likely to convey. that consumers who weigh substantially less. or use WeightAway under less extreme circumstances will lose 11CI pounds in six months. (If the advertisement simply says that the endorser lost 110 pounds in six months using WeightAway together with diet and exercise. however. this description would not adequately alert consumers to the truly remarkable circumstances leading to her weight loss.]The advertiser must have substantiation, however. for. any performance claims conveyed by. the. endorsement leg. that is an effective weight loss product). If. in the altemative. the advertisement simply features "before" and ?after? pictures of a woman who says lost 50 pounds in 6 months with WeightAway." the ad is likely to convey that her experience is representative of what consumers will generally achieve. Therefore. if consumers cannot generally expect to achieve such results, the ad should clearly and conspicuously disclose what they can expect to lose. in the depicted circumstances ?most women who use WeightAway for six months lose at least 15 pounds"). If the. ad features the same pictures but the. testimonialist simply says. lost 50. pounds with. WeightAway,". and WeightAway users generally do not lose 50 pounds, the ad should disclose what results they do generally achieve ?most women who use WeightAway lose 15 pounds?). Example 5: An advertisement presents the results of a poll of consumers who have used the advertiser?s cake mixes as well as their own recipes. The results purport to show that the majority believed that their families could not tell the difference between the advertised mix and their. own cakes baked. from. scratch. Many of the consumers. are actually pictured in. the advertisement along with relevant. quoted portions of their statements endorsing the product. This use of the results ofa poll or survey of consumers represents. that this is. the. typical. result that ordinary consumers can expect from the advertiser's cake mix. Example 6: An advertisement purports to portray a "hidden camera? situation in a crowded cafeteria at breakfast time. A spokesperson for the advertiser asks a series of actual. patrons of the cafeteria. for their spontaneous. honest opinions of. the advertiser's recently introduced breakfast cereal. Even though the words ?hidden camera" are not displayed on the screen, and even though none of the actual. patrons is specifically identi?edduring the advertisementthe net impression conveyed to consumers may well be that these are actual customers, and not actors. If actors have been employed. this fact should be clearly and conspicuously disclosed. Example An advertisement for a recently released motion picture shows three individuals coming out of a theater, each of whom gives a positive statement about the movie. These individuals are actual consumers expressing their personal views about the movie. The advertiser does not need to have substantiation that their views are representative of the opinions that most consumers will have about the. movie. Because the consumers' statements. would be understood. to be the subjective. opinions. of only three. people, this advertisement is not likely to convey a typicality message. If the motion picture studio had approached these individuals outside the theater and offered them free tickets if they would talk about the movie on camera afterwards. that arrangement should be clearly and conspicuously disclosed. [See ?255.5.] Back to Top ?255.3 Expert endorsements. Whenever an advertisement represents. directly or by implication. that the endorser is an expert with respect to the endorsement message. then the endorser?s quali?cations must in fact give the endorser the expertise that he or she is represented as possessing with respect to the endorsement. 3l20l2017 Code of Federal Regulations Page. 5 of 7' Although the expert may, in endorsing a product, take into account factors not within his or her expertise matters of taste or price}, the endorsement must be supported by an actual exercise of. that expertise. in evaluating. product features or. characteristics. with respect to. which he or she. is. expert and. which are relevant to an ordinary consumer's use of or experience with the product and are available to the ordinary consumer. This evaluation must have included an examination or testing of the product at least as extensive as someone with the same degree of expertise would normally need to conduct in order to support the conclusions presented in the endorsement. To the extent that the advertisement implies that the endorsement was based upon a comparison, such comparison must have been included in the expert's evaluation; and as a result of such comparison, the expert must have concluded that, with respect to those features on which he or she is expert and. which are relevant and available to an ordinary consumer, the endorsed. product is at least equal overall. to the competitors' products. Moreover, where the net impression created by the endorsement is. that the advertised product is superior to other products with respect to any such feature or features, then the expert must in fact have found such superiority. [See ?255.1(d) regarding the liability of endorsers.] Example I: An endorsement of a particular automobile by one described as an "engineer" implies that the endorser's professional training and experience are such that he is well. acquainted with the design and performance. of automobiles. If the. endorser?s ?eld is, for example, chemical engineering, the endorsement would be deceptive. Example 2: An endorser ofa hearing aid is simply referred to as ?Doctor? during the course of an advertisement. The ad likely implies that the endorser is a medical doctor with substantial experience in the area of hearing. If the endorser is not a medical doctor with substantial experience in audiology. the endorsement would likely. be deceptive. A non-medical ?doctor? an individual with a in exercise physiology) or a physician without substantial experience in the area of hearing can endorse the product, but if the endorser is referred to as "doctor," the advertisement must make clear the nature and limits of the endorser's expertise. Example A manufacturer. of automobile parts. advertises. that its. products are approved by the "American Institute of Science."From its name, consumers w0uld infer that the "American Institute of Science? is a bona fide independent testing organization with expertise in judging automobile parts and that, as such, it would not approve any automobile part without ?rst testing its ef?cacy by means of valid scienti?c methods. If the American Institute of Science is not such a bona ?de independent testing organization. (eg, if it was established and operated by an automotive. parts manufacturer). the endorsement would be deceptive. Even if the American Institute of Science is an independent bona fide expert testing organization, the endorsement may nevertheless be deceptive unless the Institute has conducted valid scienti?c tests of the advertised products and the test results support the endorsement message. Example A manufacturer. of a non-prescription drug product represents that its product has been selected over competing products by a large metropolitan hospital. The hospital has selected the product because the manufacturer, unlike its competitors, has packaged each dose of the product separately. This package form is not generally available to the public. Under the circu mstances, the endorsement would be deceptive because the basis for the hospital's choice?convenience of packaging?is neither. relevant nor. available to consumers. and the basis for the hospital?s decision is not disclosed. to consumers. Example 5: A woman who is identi?ed as the president ofa commercial "home cleaning service? states in a television advertisement that the service uses a particular brand of cleanser, instead of leading competitors it has tried, because of this brand's performance. Because cleaning services extensively use cleansers in the course of their business, the ad likely conveys that the president has knowledge superior to that of ordinary. consumers. Accordingly, the. president's. statement will be deemed to. be an expert endorsement. The service must. of course, actually use the endorsed cleanser. In addition, because the advertisement implies that the cleaning service has experience with a reasonable number of leading competitors to the advertised cleanser, the service must, in fact, have such experience, and, on the basis of its expertise, it must have determined that the cleaning ability of the endorsed cleanser is at least equal (or superior, if such is the. net impression conveyed. by the advertisement) to. that of leading. competitors? products with which the service has had experience and which remain reasonably available to it. Because in this example the cleaning service's president makes no mention that the endorsed cleanser was "chosen," "selected," or otherwise evaluated in side-by-side comparisons against its competitors, it is suf?cient if the service has relied solely upon its accumulated experience in evaluating cleansers without having performed side-by-side or scienti?c comparisons. Example 6: A medical doctor states in an advertisement for a drug that the product will safely allow consumers to lower their cholesterol by 50 points. If the materials the doctor reviewed were merely letters from satisfied consumers or the results of a rodent study, the endorsement would lilter be deceptive because those materials are not what others with the same degree of expertise would consider adequate. to support this conclusion about the product's safety and efficacy, 1. Back to Top ?255.4. . . Endorsements. by organizations. Endorsements by organizations, especially expert ones, are viewed as representing the judgment of a group whose collective experience exceeds that of any individual member, and whose judgments are generally free of the sort of subjective factors that vary from individual to individual. Therefore, an organization's endorsement must be reached by a process suf?cient to ensure. that the endorsement fairly re?ects the collective judgment of the organization. Moreover, if an organization is represented as being expert, then, in conjunction with a proper exercise of its expertise in evaluating the product under ?255.3 (expert endorsements}, it must utilize an expert or experts recognized as such by the organization or standards previously adopted by the organization and suitable forjudging the relevant merits of such products. [See ?255.1(d) regarding the liability of endorsers.] Example: A mattress seller advertises that its product is endorsed by a chiropractic association. Because the association would be regarded as expert with respect to judging mattresses, its endorsement must be supported by an evaluation by an expert or experts recognized as such by the organization, or by compliance with standards previously adopted by the organization and. aimed at measuring the performance of mattresses in general and not designed with the unique features of the advertised mattress in mind. 3l20l2017 Code of Federal Regulations Page 6 of 7' 1 Back to Top ?255.5 Disclosure of material connections. When there exists a connection between. the endorser and the seller. of. the advertised. product that might materially affect the weight or credibility of the endorsement the connection is not reasonably expected by the audience). such connection must be fully disclosed. For example, when an endorser who appears in a television commercial is neither represented in the advertisement as an expert nor is known to a signi?cant portion of the viewing public. then the advertiser should clearly and conspicuously disclose either the payment or promise of compensation prior to and in exchange for the endorsement or the fact that the endorser knew or had reason to know or to believe that if the endorsement favored the advertised product some bene?t, such as an appearance on television, would be extended. to the endorser. Additional guidance, including guidance concerning. endorsements. made through other media, is provided by. the examples below. Example 1: A drug company commissions research on its product by an outside organization. The drug company determines the. overall. subject of the research to test the. ef?cacy of a newly developed product) and pays a substantial share. of the expenses of the research project. but the research organization determines the protocol for the study and is responsible for conducting it, A subsequent advertisement by the drug company mentions the research results as the ??ndings? ofthat research organization. Although the design and conduct of the research project are controlled by the outside research organization, the weight consumers place on the reported results could be materially affected by. knowing that the advertiser had funded the project. Therefore. the advertiser payment of expenses to the research organization should be disclosed in this advertisement. Exampl'e 2: A film star endorses a particular food product. The endorsement regards only points of taste and individual preference. This endorsement must, of course, comply with {$255.1 but regardless of whether the star's compensation for the commercial is. a $1 million cash payment or a royalty for each product sold by the advertiser. during the. next year. no disclosure is required because such payments likely are ordinarily expected by viewers. Example. During. an appearance by a well-known professional tennis player on. a television talk show. the host comments that the past few months have been the best of her career and during this time she has risen to her highest level ever in the rankings. She responds by attributing the improvement in her game to the fact that she is. seeing the ball better than she. used. to, ever since having laser vision correction surgery at a clinic that she identifies by name. She continues talking about the ease of the procedure, the kindness of the clinic's doctors, her speedy recovery, and how she can now engage in a variety of activities without glasses, including driving at night. The athlete does not disclose that, even though she does not appear in commercials for the clinic, she has a contractual relationship with it,. and her contract pays her for speaking publicly about her surgery when she. can do so. Consumers might not realize that a celebrity discussing a medical procedure in a television interview has been paid for doing so, and knowledge of such payments would likely affect the weight or credibility consumers give to the celebrity's endorsement. Without a clear and conspicuous disclosure that the athlete has been engaged as a spokesperson for the clinic. this endorsement is likely to be deceptive. Furthermore. if consumers are likely to take away from her story. that her experience was typical of those who undergo the same procedure at the clinic, the advertiser must have substantiation for that claim. Assume that instead of speaking about the clinic in a television interview. the tennis player touts the results of her surgery?mentioning the clinic by name?on a social networking site that allows her fans to read in real time what is happening in her life. Given the nature of the medium in which her endorsement is disseminated, consumers might not realize that she is a paid endorser. Because that information might affect the weight consumers give to her endorsement, her relationship with the clinic should be disclosed. Assume that during that same television interview, the tennis player is wearing clothes bearing the insignia of an athletic wear company with whom she also has an endorsement contract. Although this contract requires that she wear the company's clothes not only on the court but also in public appearances, when possible, she does not mention them or the company during her appearance on the show. No disclosure is required because no representation is being made about the clothes in this context. Exampl?e. An ad for an anti-snoring product features a physician. who says that he has. seen. dozens of products come on the. market over the years and. in his opinion. this is the best ever. Consumers would expect the physician to be reasonably compensated for his appearance in the ad. Consumers are unlikely, however, to expect that the physician receives a percentage of gross product sales or that he owns part of the company, and either of these facts would likely materially affect the credibility that consumers attach to the endorsement. Accordingly, the advertisement should. clearly. and conspicuously disclose such a connection between. the company and the. physician, Exampl?e 5: An actual patron of a restaurant, who is neither known to the public nor presented as an expert, is shown seated at the counter. He is asked for his "spontaneous" opinion of a new food product served in the restaurant. Assume, ?rst, that the advertiser had posted a sign. on the. door of. the restaurant informing all who entered that day that patrons would be interviewed. by the. advertiser as part of its TV. promotion of its new soy protein. "steak." This notification would. materially affect the weight or credibility of the patron?s endorsement, and, therefore. viewers of the advertisement should be clearly and conspicuously informed of the circumstances under which the endorsement was obtained. Assume, in the alternative. that the advertiser had not posted a sign on the door of the restaurant. but had informed all interviewed customers of. the "hidden camera" only after. interviews. were. completed and the customers had no. reason to know or believe that their response. was being. recorded for. use in an advertisement. Even if patrons were also told that they would be paid for allowing the use oftheir opinions in advertising, these facts need not be disclosed. Exampi'e 6: An infomercial producer wants to include consumer endorsements for an automotive additive product featured in her commercial, but because the product has not yet been sold, there are no consumer users. The producer?s staff reviews the pro?les of individuals interested in working as. "extras" in commercials and identi?es several who are. interested in automobiles. The. extras are. asked to use the product for several weeks and then report back to the producer- They are told that if they are. selected to 3/20f201 7' Code of Federal Regulations Page 7 of 7' endorse the product in the producer?s infomercial, they will receive a small payment. Viewers would not expect that these ?consumer endorsers" are actors who were asked to use the product so that they could appear in the commercial or that they were compensated. Because the advertisement fails to disclose these facts, it is deceptive. Example 7: A college student who has earned a reputation as a video game expert maintains a personal weblog or ?blog? where he posts entries about his gaming experiences. Readers of his blog frequently seek his opinions about video game hardware and software. As it has done in the past. the manufacturer of a newly released video game system sends the student a free copy of the system and asks him to write about it on his blog. He tests the new gaming system and writes. a favorable review. Because his review is disseminated via a form of consumer-generated media in which his relationship to the advertiser is not inherently obvious. readers are unlikely to know that he has received the video game system free of charge in exchange for his review of the product. and given the value of the video game system, this fact likely would materially affect the credibility they attach to his endorsement. Accordingly. the blogger should clearly and, conspicuously disclose that he received the gaming system free of charge. The manufacturer should advise him at the time it provides the gaming system that this connection should be disclosed. and it should have procedures in place to try to monitor his postings for compliance. Example 8: An online message board designated for discussions of new music download technology is frequented by MP3 player enthusiasts. They exchange information about new products. utilities. and the functionality of numerous playback devices. Unbeknownst to the message board community. an employee of a leading playback device manufacturer has been posting messages on the discussion board promoting the manufacturer's product, Knowledge of this poster's employment likely would affect the weight or credibility of her endorsement. Therefore. the poster should clearly and conspicuously disclose her relationship to the manufacturer to members and readers of the message board. Example 9: A young man signs up to be part of a ?street team" program in which points are awarded each time a team member talks to his or her friends about a particular advertiser?s products. Team members can then exchange their points for prizes. such as concert tickets or electronics. These incentives would materially affect the weight or credibility of the team member's endorsements. They. should be clearly and conspicuously disclosed. and the advertiser should take steps to ensure that these disclosures are being. provided. Back to Top Need assistance? 3l20l201 7'