BBB National Programs’ National Advertising Division (NAD) has found claims by skincare company Drunk Elephant, LLC that its products are “safe for kids and tweens to use” to be supported but recommended the company modify its influencer posts to sufficiently disclose the material connection between the company and influencers. According to an NAD press release, NAD determined that while the claims had a reasonable basis, two TikTok videos involving influencers reviewing the company’s B-Goldi Bright Drops should be modified.
 
In one of the paid partnership videos, NAD found that in part because the disclosure "#drunkelephantpartner" was on the fifth line of the post and only viewable after clicking on the hyperlink “more,” the hashtag was not clear and conspicuous as a material connection disclosure. NAD recommended Drunk Elephant seek modification of the post to ensure the hashtag appears clearly and conspicuously on influencer posts without requiring a click and as separate words, and to ensure influencers include a clear and conspicuous material connection disclosure within the video. Drunk Elephant told NAD it reached out to the influencer to edit or delete the post. 

NAD also found that a video involving an unpaid influencer did not feature a material connection disclosure despite the influencer receiving free product. Drunk Elephant advised it will take reasonable steps to instruct influencers on required disclosure practices and ensure influencers receiving free product make appropriate disclosures. 

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