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Yes, influencers need to adhere to several regulations beyond just disclosing paid partnerships. Here are some key regulations:
- CAP Code: The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) applies to influencer marketing on non-broadcast media and is enforced by the Advertising Standards Authority (ASA).
- Consumer Protection from Unfair Trading Regulations 2008 (CPRs): These regulations require influencers to act fairly and prohibit misleading consumers by omission or false representation.
- ASA Guidelines: The ASA has detailed guidelines for influencers, including how to disclose adverts and the consequences of not clearly labelling sponsored content. Influencers must ensure that advertising is obvious and clear and they must also be mindful of their audience demographics when advertising age-restricted items.
- FTC Act: In the US, influencers are regulated under Section 5(a) of the FTC Act which prohibits unfair or deceptive acts or practices in commerce. The FTC has published endorsement guides to help influencers comply with these regulations.
Influencers must also ensure that any claims about products are evidence-based and consider additional rules when promoting items like food and supplements, hosting giveaways or advertising to children. It’s important for influencers to stay updated on these regulations to avoid legal repercussions.