NAD Finds Blueland TikTok Shop Influencer Disclosures Appropriate

Following a Fast-Track SWIFT challenge from Happi Top 50 Company Procter & Gamble regarding influencer and social media advertising for One Home Brands, Inc. d/b/a Blueland, BBB National Programs’ National Advertising Division (NAD) determined that certain uses of the TikTok Shop “creator earns commission” disclosure were appropriate.

Fast-Track SWIFT is an expedited process for single-issue advertising cases reviewed by the NAD. Blueland is a household products company that competes with P&G and advertises through a variety of methods, including influencer and affiliate marketing.

The challenged social media posts were posted by individuals who promote Blueland’s cleaning products.

NAD reviewed the use of TikTok Shop by creators to promote Blueland’s cleaning products, using the “creator earns commission” disclosure as required by the TikTok platform. Based on the specific context in which the disclosure appears, for those creators who were provided free product and whose only other relationship to Blueland is to participate in the TikTok shop affiliate program, NAD found that TikTok’s automated disclosure “creator earns commission” sufficiently informs consumers that a commercial relationship exists between the creators and Blueland and that no additional disclosure is necessary.

During the proceeding, Blueland reportedly stated that it had identified certain TikTok Shop posts from four creators who may have received additional compensation based on other partnerships with Blueland separate from their participation in the TikTok Shop affiliate program and requested those creators modify their posts to include additional disclosures regarding their partnership with Blueland, or discontinue the posts.

In addition, Blueland stated it would work with past and present creators of sponsored posts to revise other challenged posts to include clear and conspicuous disclosures.

Therefore, NAD did not review the voluntarily modified or discontinued claims on their merits and will treat the claims, for compliance purposes, as though NAD recommended they be modified or discontinued.

With respect to influencers who had no material connection to Blueland, because third-party statements are not considered Blueland’s advertising, therefore, NAD did not review these claims on the merits due to lack of jurisdiction.