The Federal Trade Commission (FTC) has issued warning letters to two trade associations and 12 registered dieticians and online health influencers over inadequate disclosures in their social media posts promoting the safety of artificial sweetener aspartame or the consumption of sugar-containing products.
The American Beverage Association (AmeriBev) and The Canadian Sugar Institute received these letters, which express concerns that the organizations may have violated the FTC Act. The FTC believes that the influencers were apparently hired to promote the safety of aspartame or the consumption of sugar-containing products, but failed to adequately disclose this fact.
This action follows the FTC’s recent revision of the Commission’s Guides for Endorsements and Testimonials and is part of the agency’s ongoing monitoring of influencer marketing.
Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, criticized the practice, stating, “It’s irresponsible for any trade group to hire influencers to tout its members’ products and fail to ensure that the influencers come clean about that relationship.”
The FTC’s letters to AmeriBev detail concerns about posts on Instagram and TikTok by influencers Valerie Agyeman, Nichole Andrews, Leslie Bonci, Keri Gans, Stephanie Grasso, Cara Harbstreet, Andrea Miller, Idrees Mughal, Adam Pecoraro, and Mary Ellen Phipps. Each influencer also received an individual warning letter.
Similarly, the FTC expressed concerns about Instagram posts by Jenn Messina and Lindsay Pleskot, who are associated with The Canadian Sugar Institute. Both influencers also received individual warning letters.
As per the Commission’s Guides for Endorsements and Testimonials, paid endorsements should clearly disclose any unexpected material connections so consumers can make informed purchasing decisions.
Each warning letter cited posts that appeared to be paid yet did not disclose a material connection, or had disclosures that may be inadequate. The FTC also pointed out concerns regarding particular disclosures, including inconspicuous placement, ambiguous language, or the failure to clearly identify the sponsor of the posts.
The FTC warned of potential civil penalties of up to $50,120 per violation for future failures to disclose unexpected material connections. Each letter recipient was asked to contact agency staff within 15 days and detail any actions taken or planned to address staff’s concerns.
The primary staff attorney on this matter is Cassandra Rasmussen in the FTC’s Bureau of Consumer Protection.
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