Disclosures 101
`
`for
`
`nt/uen Ce
`
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 1 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
`
`for
`
`nt/uen Ce
`
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 1 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
`
`Do you work with brands
`to recommend or endorse
`products?
`
`If so, you need to comply with the law
`when making these recommendations.
`
`One key is to make a good disclosure
`of your relationship to the brand.
`
`This brochure from FTC staff gives tips on
`when and how to make good disclosures.
`
`The FTC works to stop deceptive ads, and its Endorsement Guides
`go into detail about how advertisers and endorsers can stay on the
`right side of the law.
`
`If you endorse a product through social media, your endorsement
`message should make it obvious when you have a relationship
`("material connection") with the brand. A "material connection" to
`the brand includes a personal, family, or employment relationship or
`a financial relationship - such as the brand paying you or giving you
`free or discounted products or services.
`
`Telling your followers about these kinds of relationships is important
`because it helps keep your recommendations honest and truthful,
`and it allows people to weigh the value of your endorsements.
`
`As an influencer, it's your responsibility to make these disclosures,
`to be familiar with the Endorsement Guides, and to comply with laws
`against deceptive ads. Don't rely on others to do it for you.
`
`Disclosures 101 for Social Media Influencers
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 2 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
`
`0
`
`When to Disclose
`
`► Disclose when you have any financial, employment, personal,
`or family relationship with a brand.
`» Financial relationships aren't limited to money. Disclose the
`relationship if you got anything of value to mention a product.
`
`»
`
`If a brand gives you free or discounted products or other perks
`and then you mention one of its products, make a disclosure
`even if you weren't asked to mention that product.
`
`» Don't assume your followers already know about your
`brand relationships.
`
`» Make disclosures even if you think your evaluations
`are unbiased.
`
`► Keep in mind that tags, likes, pins, and similar ways of showing
`you like a brand or product are endorsements.
`
`► If posting from abroad, U.S. law applies if it's reasonably
`foreseeable that the post will affect U.S. consumers. Foreign laws
`might also apply.
`
`► If you have no brand relationship and are just telling people about
`a product you bought and happen to like, you don't need to
`declare that you don't have a brand relationship.
`
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 3 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
`
`How to Disclose
`
`Make sure people will see and understand
`the disclosure.
`
`► Place it so it's hard to miss.
`» The disclosure should be placed with the endorsement
`message itself.
`
`» Disclosures are likely to be missed if they appear only on an
`ABOUT ME or profile page, at the end of posts or videos, or
`anywhere that requires a person to click MORE.
`
`» Don't mix your disclosure into a group of hashtags or links.
`
`a »
`
`a »
`
`II »
`
`If your endorsement is in a picture on a platform like Snapchat
`and lnstagram Stories, superimpose the disclosure over the
`picture and make sure viewers have enough time to notice and
`read it.
`
`If making an endorsement in a video, the disclosure should be
`in the video and notjust in the description uploaded with the
`video. Viewers are more likely to notice disclosures made in
`both audio and video. Some viewers may watch without sound
`and others may not notice superimposed words.
`
`If making an endorsement in a live stream , the disclosure
`should be repeated periodically so viewers who only see part
`of the stream will get the disclosure.
`
`- ----------------
`
`Disclosures 101 for Social Media Influencers
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 4 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
`
`( _ _ _ _ )
`
`V
`
`Thanks to Acme brand for the free product!
`#AcmePartner #ad
`.... -/ ~ 11111111111
`~ l•ACME•I
`
`~ · •ACME•
`• fl •
`
`-
`
`• ••••••••••••• •
`
`► Use simple and clear language.
`» Simple explanations like "Thanks to Acme brand for the free
`product" are often enough if placed in a way that is hard
`to miss.
`
`» So are terms like "advertisement," "ad," and "sponsored."
`
`» On a space-limited platform like Twitter, the terms
`"AcmePartner" or "Acme Ambassador" (where Acme is the
`brand name) are also options.
`
`»
`
`It's fine (but not necessary) to include a hashtag with
`the disclosure, such as #ad or #sponsored.
`
`» Don't use vague or confusing terms like "sp," "spon," or
`"collab," or stand-alone terms like "thanks" or "ambassador,''
`and stay away from other abbreviations and shorthand
`when possible.
`
`► The disclosure should be in the same language as the
`endorsement itself.
`
`► Don't assume that a platform's disclosure tool is good enough,
`but consider using it in addition to your own, good disclosure.
`
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 5 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
`
`What Else to Know
`
`► You can't talk about your experience with a product you
`haven't tried.
`
`► If you're paid to talk about a product and thought it was terrible,
`you can't say it's terrific.
`
`► You can't make up claims about a product that would require
`proof the advertiser doesn't have - such as scientific proof that
`a product can treat a health condition .
`
`•
`
`Disclosures 101 for Social Media Influencers
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 6 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
`
`'1 •
`
`........, __________ .__
`~~~~--------~
`- -----------..... ~
`
`~~~~"iliiiiiiiiiillliiiiiiliiiiiiii-. .... _
`
`FOR MORE INFORMATION
`
`Have more questions? The FTC's Endorsement Guides:
`What People Are Asking is an FTC staff publication that
`answers many questions about the use of endorsements,
`including in social media, with many helpful examples.
`
`FTC.gov/influencers
`
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 7 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
`
`FEDERAL TRADE COMMISSION
`
`business.ftc.gov
`
`November 2019
`
`https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf
`
`Slayback Exhibit 1084, Page 8 of 8
`Slayback v. Eye Therapies - IPR2022-00142
`
`
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