The fashion world finally gave Kanye West a round of applause, but the legal world is wondering: Did the musician-cum-designer break FTC social media marketing rules with his latest promotional campaign?
#YeezySeason6: The Social Media Promotional Campaign
The week before NY Fashion Week, West’s label, Yeezy, posted a series of Instagram photos of celebrities cosplaying as his wife, Kim Kardashian, wearing gear from his “Season 6” collection that debuted at NY Fashion Week.
Whether or not he broke the rules is still unclear because nobody knows if the participating celebrities received compensation. If the participants did score some swag as a quid pro quo, then #YeezySeason6 may be in social media marketing trouble.
The #1 Social Media Marketing Rule: #Ad, #Paid, #Spon
Yes! Social media marketing rules do apply — and the Federal Trade Commission is sniffing around like regulatory sentinels.
The FTC expects brands and professionals to “clearly and conspicuously” disclose any material connections linked to promotional efforts. For example, if you pay social media influencers or give free products in exchange for “fair and honest” reviews, then they must disclose the relationship within their “ads.” Moreover, if individuals have material relationships with businesses, this, too, must be made public when promoting.
So, to adhere with disclosure rules on social media, the FTC recommends using #ad, #spon, or #paid hashtags.
Busted For Not Using #Ad Hashtags?
Has the FTC ever fined a brand for not using #ad, #spon, or #paid? Technically, no. However, in 2015, the FTC filed an action against Lord & Taylor for omitting promotional hashtags on its #DesignLab campaign. The retailer hired influencers to post pictures of themselves, on social media, in the same dress on the same day. Authorities felt the campaign violated disclosure requirements and summarily brought an action against the clothier.
The two parties ultimately reached a settlement; Lord & Taylor didn’t have to shell out a cent — but the company did agree to a monitoring program. In short, the Lord & Taylor online marketing action was the FTC’s warning shot.
FTC’s Stern Warning To Social Media Influencers
The Federal Trade Commission may have let Lord & Taylor off with a wrist slap, but the agency is hitting a little harder, these days, when it comes to online promotional rules. At the end of last year, dozens of high-profile social media influencers received social media marketing warning letters. In other words: The FTC is officially on the lookout for promotional violations — and the agency has the power to fine, and fine large.
Connect With An Online Marketing Lawyer
Worried your online marketing campaign may not be compliant? Want to avoid a hefty FTC fine for “unfair and deceptive marketing”? If you answered yes to both of those questions, give us a call. We’ll review promotional materials and campaign efforts, and then advise on tweaks you can make to evade the FTC’s radar.
Get in touch today to begin the conversation. Online marketing law consultations are free.
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