Why did National Advertising Division scrutinize Lana Del Rey and Brittany Mahomes over Skims' posts

The National Advertising Division (NAD) reviewed social media posts by celebrity singer, Lana Del Rey, and sports figure, Brittany Mahomes. The review was part of the National Advertising Division's ongoing monitoring of influencers to ensure that any representations of a commercial connection are disclosed under the Federal Trade Commission's (FTC) Endorsement Guides.

The investigation probed whether the influencers properly disclosed their affiliation with the brand Skims to their followers. The National Advertising Division scrutinized the posts to assess whether they met the standards of advertising, with the key determining element being whether the posts clearly included disclosures like #ad or #sponsored.

Finally, the National Advertising Division ruled that the posts failed the proper disclosures. The division called upon both influencers to either edit the posts or take them down. This ruling reaffirms the duty to create proper disclosures for advertisements, be it on the internet or otherwise online

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What did the National Advertising Division find in Lana Del Rey’s posts?

The National Advertising Division examined three Instagram posts from Lana Del Rey in January 2024. The posts tagged or referenced Skims but did not contain disclosure labels. This, as per NAD, did not alert followers to any financial relationship she might have with the brand.

The FTC Endorsement Guides mandate influencers to clearly indicate when they are sponsored to endorse a product. This avoids deceptive advertising. If an influencer has a material connection with a brand, they must disclose it conspicuously.

National Advertising Division suggested that Del Rey add the mandatory disclosure or remove the posts. This was to maintain transparency and to abide by advertising regulations. The review served as a reminder that all influencers, regardless of their popularity, have to be bound by the same rules.

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Why was Brittany Mahomes’ Skims promotion examined?

Brittany Mahomes' Instagram posts from November 2023 also came under the NAD’s review. She did not mention Skims in the captions, but she tagged the brand in the images. National Advertising Division found that tagging a brand alone is not a clear enough disclosure.

According to advertising rules, followers must know if a post is a paid promotion. The disclosure must be placed in a way that people can easily notice it. Simply tagging a brand does not explain the financial relationship between the influencer and the company.

NAD advised Mahomes to modify her posts to include clear disclosures. This was to ensure that followers understood her connection with Skims. The decision reinforced the need for influencers to be upfront about their promotions.

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Why are clear advertising disclosures important?

The FTC Endorsement Guides were established to safeguard consumers against deceptive ads. When influencers fail to disclose sponsors, it can generate a false sense of trust. Followers might not know that a post is an advertisement and not a personal endorsement.

Both influencers and companies should be transparent. If the influencer has received payment or free products, they should disclose this to their audience. This is how trust between influencers and their audience is sustained.

NAD's review of these posts was just one part of its larger campaign to enforce equitable advertising practices. It is a reminder that all influencers, not just celebrities, are subject to disclosure requirements.

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This case highlights the importance of transparent advertising disclosures on social media. Brands and influencers are required to comply with FTC guidelines to ensure transparency, as consumers have the right to know when they are viewing sponsored content. NAD's move reiterates the significance of honesty in advertising.

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