Sponsored Post or Legal Problem? What Florida Businesses Should Know About Influencer Marketing Risk

Partnering with a social media influencer can feel like a shortcut to instant credibility, especially for a small or growing business trying to compete with bigger names. But that shortcut carries legal risk that many companies discover only after a complaint lands. If your business works with influencers, or is considering it, understanding Florida’s trade practices rules is not optional.

The Disclosure Problem Hiding in Plain Sight

Consumers scrolling through their feeds generally assume they are seeing an influencer’s honest opinion, not a paid advertisement. When that assumption is wrong and no disclosure is made, both the influencer and the business paying for the post can face liability. Federal rules under 16 CFR Part 255, the FTC’s Endorsement Guides, require that any material connection between an influencer and a brand, including payment, free products, or other perks, be disclosed clearly and conspicuously. A disclosure buried at the bottom of a long caption, or hidden among a string of hashtags, generally will not satisfy this standard.

Florida businesses face exposure closer to home too. The Florida Deceptive and Unfair Trade Practices Act, found in section 501.204 of the Florida Statutes, prohibits unfair or deceptive acts in trade or commerce, and Florida courts have applied it broadly to advertising practices that mislead consumers. A misleading influencer campaign, even one run entirely through social media, can potentially expose a business to a FDUTPA claim from a consumer or a competitor.

Common Mistakes Businesses Make

Many companies treat influencer contracts as an afterthought, focusing on deliverables and payment without addressing disclosure requirements or content approval. This leaves the business with little control over what actually gets posted, and no clear paper trail showing that disclosure obligations were communicated to the influencer.

Another frequent issue involves exaggerated claims. If an influencer says a product cured a medical condition, guarantees a specific financial return, or makes a claim the business itself could not legally make in its own advertising, the business can be held responsible for that statement, even though someone else typed it.

Reducing Your Exposure Before a Campaign Launches

A written agreement that spells out disclosure requirements, gives the business the right to review content before it posts, and requires the influencer to avoid unsubstantiated claims goes a long way toward limiting risk. Businesses should also monitor campaigns after launch rather than assuming compliance once contracts are signed, since an influencer who forgets to tag a post as sponsored, or edits a caption after review, can still create exposure for the brand footing the bill.

Have you reviewed your influencer agreements with these issues in mind? If not, now is a good time, before a regulator or a competitor does it for you.

Let Us Review Your Marketing Practices

Pike & Lustig, LLP works with businesses across Florida to structure influencer partnerships and defend against claims when a campaign draws unwanted attention. Our West Palm Beach FDUTPA attorneys can review your current agreements or step in if a dispute has already arisen. Give us a call to talk through your marketing strategy and how to keep it on the right side of the law.

Source:

flsenate.gov/Laws/Statutes/2025/501.204