September 12, 2025 — If a social media influencer (SMI) posts content that directly or indirectly advertises an industry member, brand, or specific product, we may consider such posts made by the SMI to be advertisements that must comply with TTB’s advertising regulations. As such, industry members must ensure that material produced by SMIs on their behalf, for the purpose of inducing sales of that industry member’s products in interstate or foreign commerce, include all mandatory statements required by the regulations in 27 CFR §§ 4.62, 5.233, and 7.233 and comply with §§ 4.64, 5.235, and 7.235 regarding prohibited practices or statements.
How does TTB determine if a post is an advertisement?
In making this determination, we will consider:
- Whether or not an industry member directly, indirectly, or through an affiliate published, disseminated, or caused to be published or disseminated, any advertisement; in this case, the SMI’s posts; or,
- If the SMI was compensated directly or indirectly by the industry member in return for the endorsement.
What if the mandatory information doesn’t fit?
If space is restricted in a manner that makes it difficult to include the mandatory information on the social media post, this may be satisfied with a clearly marked link to another webpage that contains all mandatory information. If an industry member advertises on an SMI page that restricts the use of external links, a tag to the industry member’s page within that platform, for example using the @ symbol, will satisfy the mandatory information requirements as long as the industry member’s page is compliant.
Where can I learn more?
For more information on the use of social media in the advertising of alcohol beverages, see Industry Circular 2024-1.
