Check out this post sponsored by Fenty Skin. The creator used IG's "Paid partnership" tool and included both #ad and #sponsored. But the NAD recently determined that this post did not comply with the FTC's endorsement disclosure requirements. Three takeaways:
First, the hashtag disclosures, while acceptable in terms of language (ad; sponsored), appear too far down in the description, so IG users would need to expand the caption to see them. The placement of the disclosures below the fold meant they were not "clear and conspicuous."
@RobertFreundLaw Both the brand and influencer get fined here, right?
@RobertFreundLaw This seems a little excessive. I would think the big “paid partnership” link would be enough. Do same rules apply for a restaurant or a hotel inviting an influencer or content creator in for free? With no posting expectations, but they do end up posting about their experience?