Those in the nutrition industry must tread carefully when using influencers and endorsers and engaging the public on social media. Influencer-based social media marketing is subject to the same laws as advertising on other marketing channels. Everything that an advertisement expressly says or reasonably implies must be truthful and not misleading. An advertisement that misleads a “significant minority” of consumers is considered to be unlawful by the Federal Trade Commission (FTC), and the FTC, state, and private regulators (class action lawyers) may pursue claims against companies making false, deceptive or unsubstantiated statements, whether on social media or elsewhere or made directly by the company or endorser on its behalf.

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