Some members of conservative youth organization Turning Point USA’s roster of influencers are likely violating Federal Trade Commission rules by posting undisclosed sponsored content to Instagram.
TPUSA influencers Alex Clark, Kendall Jones, Paige Roux, Morgonn McMichael, Lauren Chen, and Isabel Brown -- who hawk the organization’s increasingly reactionary brand of politics — also post sponsored content on Instagram for skincare, wellness, apparel, weapons, and doomsday food prep companies. Many of these posts appear to violate Federal Trade Commission rules, as the influencers do not properly disclose their material connection with the brands.
Some of the content also appears to circumvent Instagram rules that ban influencers from making money by promoting weapons and weapon parts.
The FTC regulates influencer marketing to prevent deceptive advertising
The FTC has cracked down on influencer marketing to protect consumers from deceptive advertisements across social media. The agency requires influencers to disclose “when you have a financial, employment, personal, or family relationship” with a brand if posting about the brand, including the sharing of affiliate codes (discount codes specific to one marketer), promotions, advertisements, and content that tags brands. Evidence of material connection can include brand ambassadorship deals, monetary compensation, discounts, gifts, vacations, or other services delivered to ambassadors. Influencers are also required to disclose familial ties to brands if applicable.
The FTC has online guides and a comprehensive FAQ explaining what does and doesn’t count as a disclosure. According to its “Disclosures 101 for social media influencers” pamphlet, disclosures must be frequent, clear, and in a hard-to-miss place like the start of the post or video or in the first line of the caption. They discourage mixing disclosures into a group of hashtags or links, posting disclosures only on an about me or profile page, or making it so followers have to click on the “more” button to see a disclosure.
Simple and clear language like “advertisement,” “ad,” and “sponsored” fulfill disclosure requirements, but merely thanking a brand, hashtagging abbreviations like “collab,” or adding stand-alone terms like “ambassador” aren’t enough.