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Influencer Marketing Legal and Ethical Considerations

Last Update: Nov 15, 2023 @ 6:27 am

“Ethics is knowing the difference between what you have a right to do and what is right to do.” 

– Potter Stewart, former Associate Justice of the United States Supreme Court


Influencer marketing has become an indispensable tool for business owners, restaurant managers, and marketing professionals. However, navigating the legal and ethical considerations in influencer marketing can be challenging. Your campaigns’ success depends on compliance with legislation, brand reputation, and openness. This article will discuss the importance of legal and ethical considerations in restaurant influencer marketing, explore a popular restaurant brand that exemplifies these principles, and provide insights into disclosure requirements, contracts, intellectual property rights, and conflict resolution.

Case Study_ Sweetgreen
Sweetgreen Store From the Web

Case Study: Sweetgreen

Sweetgreen is a popular restaurant brand known for its commitment to transparency, sustainability, and community engagement. By integrating legal and ethical considerations into their influencer marketing campaigns, Sweetgreen has managed to build a strong brand image and foster trust with their audience. 

5 Key Strategies of Sweetgreen in Legal and Ethical Considerations

Here are five ways Sweetgreen implements strategies relevant to legal and ethical considerations:

1. Clear disclosures: Sweetgreen ensures that influencers partnering with their brand provide proper disclosures, in line with FTC guidelines, to maintain transparency and authenticity.

2. Ethical partnerships: Sweetgreen collaborates with influencers who share their values and commitment to sustainability, ensuring their partnerships align with their brand ethos.

3. Respect for intellectual property: Sweetgreen respects the intellectual property rights of content creators, obtaining proper permissions and licenses for content usage.

4. Open communication: Sweetgreen maintains open lines of communication with influencers to address any potential conflicts or controversies proactively.

5. Fair agreements: Sweetgreen establishes fair contracts and agreements with influencers, outlining expectations and deliverables to protect both parties.

3 Key Disclosure Requirements and FTC Guidelines
Federal Trade Commission (FTC) Seal From the Web

3 Key Disclosure Requirements and FTC Guidelines

The Federal Trade Commission (FTC) regulates influencer marketing to ensure openness. Consider these crucial points:

1. Disclose material connections: Influencers must disclose any material connection, such as free products or monetary compensation, to their audience.

2. Use clear and conspicuous language: Disclosures should be easy to understand and prominently displayed in the content.

3. Include disclosures in all forms of content: Regardless of the platform or format, influencers must include proper disclosures in all sponsored content.

5 Tips to Create Contracts and Agreements with Influencers
Influencer Marketing Online Promotion From the Web

5 Tips to Create Contracts and Agreements with Influencers

Establishing clear contracts and agreements with influencers is crucial for protecting your brand and ensuring campaign success. Consider the following:

1. Define the scope of work: Outline the specific deliverables, timelines, and expectations for the partnership.

2. Include payment terms: Clearly state the compensation structure, payment schedule, and any performance-based incentives.

3. Address disclosure requirements: Ensure influencers understand their obligation to comply with FTC guidelines and include proper disclosures.

4. Detail content usage rights: Specify the rights and permissions for using the influencer’s content in your marketing materials.

5. Include termination clauses: Address the conditions under which the partnership can be terminated by either party.

Things to Consider on Intellectual Property Rights and Content Usage

Protecting intellectual property rights and obtaining proper permissions for content usage is essential in influencer marketing. Keep these tips in mind:

1. Obtain licenses and permissions: Secure the necessary licenses and permissions to use the influencer’s content in your marketing materials.

2. Respect copyright and trademark laws: Avoid copyright and trademark infringement in your ads.

3. Credit content creators: Properly credit the influencers and content creators for their work when using their content in your marketing efforts.

How to Navigate Potential Conflicts and Controversies
Social Media Influencer From the Web

How to Navigate Potential Conflicts and Controversies

To protect your brand’s reputation and maintain strong relationships with influencers, it’s crucial to address potential conflicts and controversies proactively. Consider these strategies:

1. Conduct thorough research: Before partnering with an influencer, research their background, previous partnerships, and potential controversies to ensure they align with your brand’s values and reputation.

2. Establish clear expectations: Clearly communicate your brand’s values, guidelines, and expectations to influencers, reducing the likelihood of misunderstandings or misaligned content.

3. Monitor content and feedback: Regularly review the content created by influencers and monitor audience feedback to identify any potential issues or concerns.

4. Address issues promptly: If conflicts or controversies arise, address them in a timely and professional manner. Open communication with the influencer can help resolve issues and protect your brand’s reputation.

5. Learn and adapt: Use insights gained from addressing conflicts and controversies to inform your future influencer marketing strategies and partnerships.


Legal and ethical considerations play a critical role in restaurant influencer marketing. By addressing disclosure requirements, establishing fair contracts, respecting intellectual property rights, and proactively navigating potential conflicts, business owners, restaurant managers, and marketing professionals can ensure their influencer marketing campaigns are both successful and compliant.

Brands like Sweetgreen demonstrate the power of integrating legal and ethical considerations into influencer marketing efforts, resulting in increased trust, transparency, and authenticity. By adopting the strategies and insights shared in this article, you can create influencer marketing campaigns that not only drive results but also protect your brand’s reputation and maintain strong, lasting partnerships with influencers. So, invest time in understanding and implementing legal and ethical best practices in your influencer marketing efforts and enjoy the benefits of a responsible and transparent approach.

READ ALSO: The Future of Restaurants and Dining: Leveraging Technology and Industry Trends to Stay Ahead of the Curve

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