3. What policies can the FTC or ASA put in place that will make it immediately clear to the viewer whether the content is sponsored or not? Influencer activities on social media has largely been an unregulated area from its early conception as Ad councils and Federal Trade Commission sought to apply twentiethcentury rules to twenty- first- century problems. Some influencers have hidden behind semantics by saying “I was not paid to say this,” albeit perhaps a technicality; while others have been more creative in disclosing that they have received free products but are not being paid to say anything nice about them. In 2015 Zoella and several other influencers found themselves in trouble with the ASA when they made videos about games with Oreos but failed to disclose it was sponsored content. Even now some influencers are doing unboxing videos and discussing what they see as sponsored content, but then interacting with the same products and billing it as non- sponsored.