Check a paid post for an unexpected material connection
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the connection the file shows between the person and the seller, the audience, and whether the draft discloses it. Do not decide that a disclosure is required.
- What the lawyer must review
- 16 CFR 255.5(a): when a connection between the endorser and the seller of the advertised product might materially affect the weight or credibility of the endorsement, and that connection is not reasonably expected by the audience, the connection must be disclosed clearly and conspicuously. Material connections can include a business, family, or personal relationship; monetary payment or free or discounted products, including products unrelated to the endorsed product, whether or not an endorsement is required in return; and other benefits such as early access, the possibility of being paid, of winning a prize, or of appearing on television or in other media. Some connections may be immaterial because they are too insignificant to affect the weight or credibility given to endorsements. Example 2 on the same page: a film star who endorses a food product in a television commercial on points of taste and individual preference need not disclose compensation, whether a cash payment or a royalty, because such payments likely are ordinarily expected by viewers. 16 CFR 255.1(a): an endorsement must reflect the honest opinions, findings, beliefs, or experience of the endorser and may not convey an express or implied representation that would be deceptive if made directly by the advertiser. Section 255.1(d): advertisers are subject to liability for failing to disclose unexpected material connections, and should guide endorsers, monitor compliance, and take action sufficient to remedy non-compliance. That remedial action is not a safe harbor. Section 255.1(e): endorsers may be liable for failing to disclose unexpected material connections. Do not turn the other examples on the page into elements of the rule.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.