Leveraging online influencers is a key strategy leveraged by beauty brands large and small. Recently, WWD reported that L’Oréal Paris "has tapped 15 digital influencers to take part in a yearlong program, “L’Oréal League,” where fashion meets art blogger Pari Ehsan of Paridust to former Miss USA Olivia Culpo will create content and promote L’Oréal Paris across their social channels. "
Paid as much as $100,000, these influencers may be breaking the law by failing to fully disclose paid posts.
The FTC itself advises, "To make a disclosure 'clear and conspicuous,' advertisers should use clear and unambiguous language and make the disclosure stand out."
According to a new analysis from The Fashion Law, "...Christina Caradona of Trop Rouge is already in violation [of Federal Trade Commission (FTC) disclosure rules], posting a number of L'Oreal-sponsored posts without complying with the disclosure guidelines. For instance, she opts to use '#LOrealPartner' in connection with paid-for posts."
This, the post contends, is insufficient, as the FTC typically requires less ambiguous wording, such as "#ad."
The FTC itself advises, "To make a disclosure 'clear and conspicuous,' advertisers should use clear and unambiguous language and make the disclosure stand out."
Whether any action will be taken remains to be seen, but it's probably advisable for brands and influencers alike to familiarize themselves with the FTC's standards, available here.