Photo of Sheila MillarPhoto of Antonia Stamenova-Dancheva

On November 13, 2023, the Federal Trade Commission (FTC or Commission) sent warning letters to the American Beverage Association (AmeriBev), The Canadian Sugar Institute, and a dozen dietitians and influencers promoting the safety of artificial sweetener aspartame or the consumption of sugar-containing products on TikTok and Instagram. The letters allege that the dieticians and influencers did not adequately disclose that the associations paid for the endorsements. The FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Endorsement Guides) state that “paid endorsements should clearly and conspicuously disclose any unexpected material connections to ensure that consumers have the information they need to make informed purchasing decisions.” The warning letters put the trade groups and influencers on notice that further violations of the Endorsement Guides could result in fines of up to $50,120 per violation. Read more here.