Two trade associations along with 12 registered dietitians and other online health influencers have received warning letters from the Federal Trade Commission staff over content the government says needs more context.
The letters cite allegedly inadequate disclosures in Instagram and TikTok posts, particularly those endorsing the safety of the artificial sweetener aspartame or the consumption of sugar-containing products.
The letters follow the FTC's recent update to the Commission's Guides for Endorsements and Testimonials.
The commission sent letters to two trade groups — the American Beverage Association (AmeriBev) and The Canadian Sugar Institute. The letters suggest potential violations of the FTC Act due to insufficient disclosure regarding influencers allegedly hired to promote the safety of aspartame or the consumption of sugar-containing products.
“It’s irresponsible for any trade group to hire influencers to tout its members’ products and fail to ensure that the influencers come clean about that relationship,” Samuel Levine, director of the FTC’s Bureau of Consumer Protection said. “That’s certainly true for health and safety claims about sugar and aspartame, especially when made by registered dietitians and others upon whom people rely for advice about what to eat and drink.”
The letter sent to AmeriBev cites posts by 10 different influencers on Instagram and TikTok. The letter to The Canadian Sugar Institute raises concerns about posts by two different influencers on Instagram. All 12 influencers also received individual letters from the FTC.
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Each warning letter pinpointed apparent paid posts that either lacked a clear disclosure of a material connection or featured disclosures that were potentially inadequate. The letters outlined staff concerns related to specific issues like inconspicuous placement, ambiguous language, or a failure to distinctly identify the sponsor of the posts.
A spokesman for AmeriBev said the group “took proactive, prudent and meticulous steps to be transparent about our partnership with credible experts who spoke to the science behind the safety of aspartame and the FDA’s determination that it is safe. Importantly, no question has been raised about the substance of these posts.”
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