The main issue the FTC had with the social media influencers’ post is how it was “misbranded” due to a lack of a required nicotine warning statement, both on the alleged offending manufacturers’ account and that of the social media influencer. The FTC considers posts like this as unfair or deceptive marketing in that the partnership between the manufacturer and the influencer was not made clear and thus the endorsement and lack of warning statements put many consumers at risk by not informing them of the true risks of using the e-liquid products.
As a result to these warning letters, some influencers that partner with e-liquid and vaping companies are not beginning to include the nicotine warning in their posts and photos. Those that fail to do so in the future could face possible fines. This is the latest case of social media influencers being under scrutiny for their promotion of covered tobacco products. YouTube made moves in the last month to demonetize the accounts of social media influencers that promote tobacco products [read more here]. Health advocacy groups and individuals have also been pushing many social media platforms to review their policies and restrict the promotion and posting of tobacco-related content [read more here].
You can view an example of the warning letter issued over social media influencer concerns by clicking here.