Who likes getting something for a discount, or perhaps even for free? Recognizing that the answer to that question is probably “everybody,” it makes sense why giveaway promotions can be such a powerful form of advertising. Combine that with the connection power of social media, and you have a world of connectivity and possibility at your fingertips. Of course, along with possibility, comes responsibility. In the advertising world, that responsibility often means legal compliance.
While it’s important to keep in mind that every situation is different, and the issues related to advertising can be very fact specific, below you will find a list of some considerations that can at least help start you down the proper path when it comes to promotions or advertising on social media.
1. Take steps to make sure your advertising on social media is truthful and not misleading. Just because you are using a different medium of connecting with people does not mean you can dispense with obligations of truthfulness.
2. Substantiate claims before posting them.
3. Make necessary disclosures where appropriate or required, and do so clearly and conspicuously.
4. Follow FTC guidelines, such as the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising and the FTC Enforcement Policy Statement on Deceptively Formatted Advertisements, and any other rules issued or changes thereto.
5. Understand and abide by applicable advertising or promotion guidelines for the social media platform(s) being utilized.
6. Understand and abide by appropriate intellectual property laws, such as those governing trademarks and copyrights.
7. Understand and abide by other legal requirements that may govern things such as, the type of advertisement, the statements or claims being made, the offers being put out there, etc.
Again, this list is a starting point; it is not the end game.
Helping you successfully reach your end game is our goal at Feldman Law. We look forward to hearing from you and to assisting with the legal side of your business and advertising needs.