Technology

Ad Watchdog Asks FTC to Take Action Against Influencers

TechnologyMar 08, 2019

Ad Watchdog Asks FTC to Take Action Against Influencers

Truth in Advertising sent a complaint after investigating the same 21 influencers the Federal Trade Commission had already warned about “deceptive” posts.

Madison, Conn.—Ad watchdog Truth in Advertising has filed a complaint with the Federal Trade Commission against a group of social media influencers it says have posted deceptive ads despite previous warnings.

Nearly two years ago, the FTC sent letters to more than 90 influencers and brands, reminding them about disclosure and promotions on social media.

The agency followed up with a second batch of letters in September 2017 to 21 of those influencers—a mix of actresses, singers, reality TV stars and individuals who made their names strictly as influencers—reminding them of their legal obligations and requesting information about their connections to certain companies.

Truth in Advertising (TINA) is now saying there has been no public action from the FTC on this front, leading it to launch its own investigation into the influencers’ Instagram accounts.

The list of influencers, who have a combined following of more than 220 million, includes actresses Vanessa Hudgens, Shay Mitchell and Sofia Vergara, singer Ciara, and socialite and TV personality Scott Disick, who was on “Keeping Up with the Kardashians” for years because of his on-again, off-again relationship with Kourtney Kardashian.

According to TINA.org, 20 of the 21 influencers “continue to violate federal endorsement guidelines” by not clearly and conspicuously disclosing their material connections—ranging from receiving free products to actual endorsement deals—to the brands in their Instagram posts. (The only one not included was Lindsay Lohan, though TINA.org noted that could be because the “Lindsay Lohan’s Beach Club” star wiped her Instagram account clean in October 2018.)

It compiled more than 1,400 “deceptive” social media posts promoting more than 500 brands published between May 2017 and December 2018. The violations in the posts, TINA said, range from “a complete lack of disclosure to burying #ad in the middle of a caption, making it easy to miss.”

Fashion and lifestyle blogger Rach Parcell topped TINA’s list, with 265 allegedly deceptive posts during the time period, followed by Hudgens (175) and Mitchell (140).

Based on its findings, the organization filed a complaint with the FTC on Monday, asking it to take “strict enforcement action against these repeat offenders.”

A TINA spokesperson told National Jeweler it would like the FTC to expand its investigation into the marketing tactics used by these social media influencers and “put an end to this ongoing and pervasive consumer deception,” and that it is “confident” the FTC will take action against these 21 individuals.

The complaint and list of all 21 influencers can be found on TruthInAdvertising.org.

“It’s clear that these social media influencers do not take the FTC’s regulatory guidance seriously and continue to deceptively market goods and services to their fans,” TINA.org Executive Director Bonnie Patten said. “It is time that the FTC takes strict enforcement action against these repeat offenders.”

Earlier this week, FTC Chairman Joe Simons made a statement at the National Association of Attorneys General winter meeting indicating its commitment to enforcing truth in advertising laws about social media influencer marketing.

He said: “Truthful advertising will always be one of the FTC’s core missions, because it lets consumers make informed decisions. As online marketplaces and infomercials continue to flourish, we will continue to prioritize enforcement involving the inappropriate use of influencers, native advertising and consumer reviews.”

When asked by National Jeweler about the FTC Endorsement Guides members of the jewelry trade should keep in mind, Jewelers Vigilance Committee Senior Counsel Sara Yood said if a relationship exists between a brand/company and an endorser and marketer of its product, that relationship must be disclosed, especially if the relationship isn’t obvious. And it must be disclosed in such a way that is conspicuous to the consumer.

As TINA noted, these material connections can include a business or family relationship, monetary payment or the gifting of free product.

Yood also emphasized that the Endorsement Guides apply to both the brands and companies involved as well as the social media influencers and celebrities.

On Instagram, she said, disclosure should be done in the first few lines of the caption so users don’t have to click to expand the caption to see if it is sponsored.

The FTC also says that when multiple tags, hashtags or links are used, readers might skip over them, especially when they are located at the end of a long post, meaning that a disclosure placed in such a location is not likely to be conspicuous.

Truth in Advertising has an article outlining social media disclosure guidelines on its website.
Brecken Branstratoris the senior editor, gemstones at National Jeweler, covering sourcing, pricing and other developments in the colored stone sector.

The Latest

Taylor Swift Engaged
EditorsAug 27, 2025
Taylor Swift’s Engagement Ring Is a Fairy Tale for Vintage Diamond Cuts

The singer’s new bling, reportedly a natural old mine-cut diamond, is no paper ring.

11,685-carat Imboo emerald
SourcingAug 27, 2025
11,685-Carat Emerald Recovered From Zambia’s Kagem Mine

Dubbed the “Imboo,” or “buffalo,” emerald, the rough gemstone is part of Gemfields’ latest emerald auction, which is taking place now.

Shopping cart
SurveysAug 27, 2025
Consumer Confidence Slips in August Amid Job, Income Worries

Plans for dining out, booking vacations, and buying big-ticket items were down.

japac-btyb.png
Brought to you by
Rallying Call for the Jewelry Industry on Tariffs and Other Key Issues

Jewelers of America is leading the charge to protect the industry amidst rising economic threats.

Mine + Found Play Collection Prize Bubble Locket, Whistle Pendent, Fortune Dice
CollectionsAug 27, 2025
Mined + Found’s New Collection Gets Playful

The “Play” collection centers on nostalgic toys that have kinetic elements to carry playfulness and wonder into adulthood.

Weekly QuizAug 22, 2025
This Week’s Quiz
Test your jewelry news knowledge by answering these questions.
Take the Quiz
CCWW lifesaver necklace
CollectionsAug 26, 2025
Does Your Jewelry Stack Need a Snack?

Designer Christina Puchi, the creative force behind CCWW Designs, has created charms and pendants based on iconic candies and crackers.

Nick Jonas x Fossil Campaign
WatchesAug 26, 2025
Nick Jonas Gets Nostalgic in New Fossil Campaign

The Jonas Brothers star showed off new timepieces against the backdrop of his favorite spots in his home state of New Jersey.

rio-article photo-diamond.jpg
Brought to you by
Taking the Moment Head On: How Rio Grande Champions the Present & Future of Fine Jewelry

As a leading global jewelry supplier, Rio Grande is rapidly expanding and developing new solutions to meet the needs of jewelers worldwide.

Wally Hinkamp and Donna Hinkamp Warren
IndependentsAug 26, 2025
Hinkamp Jewelers Celebrates 70 Years

The family-owned jeweler in Fayetteville, North Carolina, is in the hands of the second generation.

Emmanuel Raheb
ColumnistsAug 26, 2025
Back to School, Back to Style: Why August is Prime Time for Self-Gifting

In his latest column, Emmanuel Raheb shares tips for encouraging customers to treat themselves to new jewelry.

London Jewelers Rolex East Hampton Boutique Exterior
WatchesAug 25, 2025
London Jewelers Brings Rolex to Historic Hamptons Home

The new stand-alone Rolex boutique is housed in the former Odd Fellows Hall, a landmark built in 1897.

Madison Keys
CollectionsAug 25, 2025
Tennis Star Madison Keys Has the Perfect Necklace for the US Open

The Brilliant Earth ambassador co-designed a diamond medallion featuring meaningful symbols.

Marie Lichtenberg emerald and diamond locket on the 18-karat gold “Rosa” chain
TrendsAug 25, 2025
Amanda’s Style File: That’s a Wrap

Wrap jewelry is more than just a trend; it’s the perfect motif for the coming season of layering, scarves, and pumpkin spice.

WatchTime New York
WatchesAug 25, 2025
WatchTime NY Show Returns for 10th Anniversary Edition

The three-day watch collector show, coming this October, will feature 44 exhibiting brands, as well as a new dinner experience.

Sriram “Ram” Natarajan
GradingAug 22, 2025
Former Head of GIA India Promoted to Oversee Global Operations

Sriram “Ram” Natarajan is now GIA’s senior vice president of laboratory operations and is based out of the lab’s headquarters in Carlsbad.

Retrouvaí Diamond Vein Bond Collar
CollectionsAug 22, 2025
Piece of the Week: Retrouvaí’s ‘Diamond Vein Bond’ Collar

The one-of-a-kind collar represents the beauty of imperfection and the strength to rebuild.

Kendra Scott
MajorsAug 22, 2025
Kendra Scott Returns as CEO of Her Jewelry Empire

Three C-suite executives, including former CEO Tom Nolan, have resigned as part of what the company describes as a “transition.”

Claire’s storefront
MajorsAug 21, 2025
Claire’s Finds Buyer, Could Save up to 950 Stores

The retailer, which recently filed Chapter 11, inked a deal to sell its North American business and intellectual property.

Target CEO Brian Cornell and COO Michael Fiddelke
MajorsAug 21, 2025
Target Names New CEO as Sales Continue to Lag

Target CEO Brian Cornell will step down in February and be replaced by the company’s chief operating officer, Michael Fiddelke.

Jewelers of America in Washington DC
Policies & IssuesAug 21, 2025
JA, IDMA Talk Tariffs With Execs in DC

The group met with the president's senior trade advisor earlier this week to express the industry’s concerns about the effects of tariffs.

Tiffany & Co. Pop Up at U.S. Open
MajorsAug 21, 2025
Tiffany & Co. Pops Up at 2025 US Open

The pop-up will display this year's Tiffany & Co. Singles Championship trophies along with a diamond-encrusted tennis racket and ball.

Bellman’s Jewelers The Truthful Jeweler Alex Bellman
IndependentsAug 20, 2025
Bellman’s Jewelers Opens Second Store After COO's TikTok Takes Off

The New Hampshire-based store has expanded to Boston, propelled by the success of Alex Bellman’s TikTok page, “The Truthful Jeweler.”

Stock image of police cars with lights flashing
CrimeAug 20, 2025
Another CA Jewelry Store Rammed With Car, Robbed

The latest incident happened Monday at a store in Oakland, California, continuing a pattern JSA first warned about last month.

Oris New York Harbor Limited Edition II Watch
WatchesAug 20, 2025
Oris Launches Watch Benefiting NYC Harbor Oyster Restoration

The new aqua green New York Harbor Limited Edition II is the watchmaker’s second collaboration with the Billion Oyster Project.

Jewelers for Children logo
Events & AwardsAug 20, 2025
Take the Jewelers for Children ‘Trinity of Purpose’ Challenge

Participants who attend any three Rings of Strength events will be awarded a special medal.

Lulo Rose pink diamond
SourcingAug 19, 2025
Dubai’s Jemora Group Buys Diamond Miner Lucapa

The investment company, founded by Dev Shetty, has acquired the struggling miner and its assets, including the Lulo mine in Angola.

National Jeweler columnist and jewelry sales expert Peter Smith
ColumnistsAug 19, 2025
Peter Smith: The Arrival Fallacy and Jewelry Retail

Smith shares wisdom he gleaned from a podcast he was listening to one morning while being walked by his dog, a Malshi named Sophie.

×

This site uses cookies to give you the best online experience. By continuing to use & browse this site, we assume you agree to our Privacy Policy