Kim Kardashian Instagram Fail: Will The FDA And FTC Crack Down On The Kardashian’s Instagram Marketing?

Kim Kardashian received a stern letter from the FDA last week after she shared a photo of herself holding a bottle of Diclegis morning sickness pills.

Kardashian, 34, was so excited to tell her 42.6 million followers that her morning sickness was gone thanks to the pills, which were prescribed by her doctor. But she failed to mention any potential side effects associated with the product. Kardashian is also a paid promoter of the product, which is made by the manufacturer Duchesnay USA.

The manufacturer received a letter from the FDA on August 7, talking about Kardashian’s Instagram post about Diclegis. The FDA also sent a letter to the reality star, demanding that she remove the post.


According to the FDA, Kim’s post “misleadingly fails to provide material information about the consequences that may result from the use of the drug and suggests that it’s safe than has been demonstrated.”

The famous Kardashian sister failed to warn her fans of the side effects associated with the drug. The common side effect when taking this drug is drowsiness, according to the Diclegis website. It also warns that users shouldn’t drink alcohol or “take other central nervous system depressants such as cough and cold medicines, certain pain medicines, and medicines that help you sleep.” However, those aren’t all the listed side effects associated with the morning sickness pills. Users are highly encouraged to talk with their doctor before taking the prescription medication.

Not only is Kim facing trouble with the FDA, but she may also face trouble with the Federal Trade Commission. The FTC has said several times that it has strict rules against misleading ads, which also applies to those who post on social media. Although the FTC has not yet gone after any bloggers or social media users for not complying with the rules, Kardashian may be one of the first.

The FTC has updated their social media guidelines to make sure that all users, including the Kardashian-Jenner clan, are complying with their disclosing endorsements.

“Over the past five years – the length of time since the last update – the FTC has issued warnings, but has not taken any real action against brands that have violated their guidelines.This update, however, may be an indication that they’re going to stop simply slapping wrists and start truly cracking down.

“The FTC expects all advertising posts on social media to be marked as such, regardless of character limits, for example with the words ‘Sponsored,’ ‘Promotion,’ or just plain old ‘Ad.’ Lack of space is not an acceptable excuse.”

Even with the strict guidelines in place, the Kardashian-Jenner clan appears to be the exception of the rule. The family is notorious for promoting various teeth whitening products, skin care products, makeup products, detox teas, and waist trainers without adding the hashtags #spon and #ad at the end of their posts.

So far, it’s unclear on how both the FDA and FTC will proceed, especially if the FDA doesn’t like Duchesnay’s response, which is expected to be received by August 21.

Kim Kardashian has since deleted the Instagram post after it received 434,000 likes. Kardashian has also not responded to comments about her controversial Instagram post.

Do you think both the Kardashians and Jenners should be reprimanded for not following the FDA and FTC guidelines? Share your thoughts below in the comments section.

[Lead Photo by Larry Busacca/Getty Images / In-Line Image via Kim Kardashian Instagram]