Influencer Law

User-generated content (UGC) is a powerful marketing tool, allowing brands to leverage real customer experiences, influencer testimonials, and community-driven content to boost credibility. However, when UGC includes claims about a product or service, businesses and influencers must ensure compliance with advertising laws to avoid legal repercussions. Whether you’re a brand using UGC in marketing campaigns or a content creator sharing opinions, working with a content creator lawyer can help you navigate the legal requirements.

Understanding the Legal Risks of Claims in UGC

UGC often includes statements about a product’s effectiveness, performance, or benefits. If these statements are misleading, deceptive, or unsubstantiated, both the creator and the brand could face legal action from regulatory agencies like the Federal Trade Commission (FTC) or lawsuits from consumers.

Here are a few common types of claims that can trigger legal scrutiny:

• Health & Wellness Claims – “This supplement cured my anxiety in just one week!”
• Financial Claims – “I made $10,000 a month using this program—guaranteed!”
• Performance Claims – “This skincare product completely removes wrinkles overnight!”

If a claim appears in UGC and is used by a brand for advertising, the FTC treats it as an endorsement, meaning the business and the creator must ensure the statement is truthful, not misleading, and backed by evidence.

FTC Guidelines for Claims in UGC

The FTC has clear rules on endorsements and claims in advertising. Both influencers and brands must comply with these regulations, or they risk fines and legal action. An influencer lawyer can help ensure compliance with the following guidelines:

1. Claims Must Be Truthful and Not Misleading

• If a claim is made about a product’s benefits, it must be backed by reliable evidence.
• Brands cannot use UGC with false or exaggerated statements to promote their products.

2. Disclosures Are Required

• If a content creator receives free products, payment, or other incentives, they must clearly disclose the relationship in the post.
• Common disclosure formats include “#ad,” “#sponsored,” or stating “This post is in partnership with [Brand].”

3. Personal Experience Doesn’t Replace Scientific Evidence

• If an influencer shares a personal success story about a product, it must reflect typical results unless a disclaimer is provided.
• For example, if one user claims a skincare product eliminated acne in two days, but most users don’t experience that, the brand must clarify this with a disclosure about typical results.

How an Influencer Attorney Can Help

Both brands and content creators can benefit from consulting an influencer attorney before using UGC that includes promotional claims. A content creator lawyer can:

• Review UGC before it is used in marketing to ensure it complies with FTC rules.
• Help draft proper disclosures to avoid misleading endorsements.
• Advise on claim substantiation to ensure marketing messages are legally sound.
• Defend against FTC investigations or consumer complaints related to false advertising claims.

The use of claims in UGC can be a valuable marketing tool, but it comes with legal risks. Whether you are an influencer promoting a product or a business leveraging UGC in advertising, working with a content creator lawyer ensures that you stay compliant with the law.

At The Social Media Law Firm, we specialize in legal guidance for influencers, brands, and content creators. If you need help reviewing claims, disclosures, or advertising practices, reach out to an influencer law firm today to protect your business from legal trouble. Contact us for a free consultation.

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