AFFILIATE PROMOTION THE LEGAL WAY

We often talk about growing our audience, monetizing our show, and creating better content. But as podcasters and coaches, we don’t often think about ensuring we are doing it all in a legal way.

Talking about the legal aspects of your podcast is a lot like talking about taxes. It’s not something most of us enjoy, but it is important.

If you are earning affiliate commissions on products you promote, or if people are compensating you in any way to be on your show or in your email, you must fully disclose that in order to be legal.

Otherwise, you could face serious fines.

LINKS

Here are the important links from this episode.

Gordon Firemark’s website. https://www.gordonfiremark.com

Free Podcast Guest Release – http://podcastrelease.com

Podcast Prenup Agreement – http://podcastprenup.com

Podcast Law Book – http://podcastlawbook.com

Federal Trade Commission – www.FTC.gov.

 

LEGAL INFLUENCER

On November 15, 2023, FTC issued a statement regarding a violation of their guidelines.

The statement said Federal Trade Commission staff sent warning letters to two trade associations and 12 registered dietitians and other online health influencers warning them about the lack of adequate disclosures in their Instagram and TikTok posts promoting the safety of the artificial sweetener aspartame or the consumption of sugar-containing products.

As you hear this, you may not think it pertains to you. Legal matters pertain to everyone.

Just because you’re a one-man show or soloprenuer doesn’t mean you’re immune to legal prosecution.

These FTC letters went to the American Beverage Association (AmeriBev) and The Canadian Sugar Institute. In the letter, the FTC expressed concerns that the organizations may have violated the FTC Act by failing to adequately disclose that the influencers were apparently hired to promote the safety of aspartame or the consumption of sugar-containing products, respectively.

It all comes down to legal disclosure.

The letter states, “This action follows FTC’s recent revision of the Commission’s Guides for Endorsements and Testimonials, and is part of the agency’s continued monitoring of influencer marketing.”

Here lies the legal challenge. These are guidelines and not laws. They are not black and white.

The guideline says your endorsement of a product cannot be misleading. Who determines if it is misleading?

THE FTC LEGAL GUIDELINES

Here is what it says on the Federal Trade Commission website.

The FTC revised its Endorsement Guides in June 2023 to keep them up-to-date with the ways advertisers now reach consumers to promote products and services, including through social media and reviews.

These Guides point out that marketers using these new techniques and media are subject to the same truthful advertising laws to which other forms of advertising have always been subject. That means, among other things, that people who are compensated to promote or review a product should disclose it.

The Guides are not regulations but if advertisers don’t follow the Guides, the FTC may decide to investigate if the practices are unfair or deceptive under the FTC Act, in which case the FTC may decide to bring a lawsuit.

You can find the guides and entire description at www.FTC.gov.

It comes down to ensuring your audience knows that you will receive some sort of compensation in exchange for the promotion.

However, you also must be truthful. You cannot say you’ve used a product you have not. If you get results that are not normally expected, you must disclose that.

Compensation isn’t always in the form of money either. Anything of value can be viewed as compensation. Just be careful.

GORDON FIREMARK

Gordon Firemark is a lawyer who specializes in entertainment law, specifically in the area of podcasting. He has been practicing law for over 30 years.

He is often referred to as “The Podcast Lawyer™” due to his extensive experience advising and representing podcasters on legal matters. Gordon has been producing and hosting the Entertainment Law Update podcast since 2009.

Gordon joined us for the Podcast Profits Summit. He is here to put the legal concepts into real people speak to help us understand the law.

You can get the resources from Gordon Firemark on is website. https://www.gordonfiremark.com

 

Free Podcast Guest Release – http://podcastrelease.com

Podcast Prenup Agreement – http://podcastprenup.com

Podcast Law Book – http://podcastlawbook.com

 

If you don’t have a mentor who can take your hand and walk you every step of the way, go to www.PodcastTalentCoach.com/apply, click the button and apply to have a chat with me. We will develop your plan and see how I can help and support you to achieve your podcast goals.