The consumer protection watchdog group Public Citizen asked the Federal Trade Commission to investigate allegations against Dr. Mehmet Oz that he violated the FTC’s influencer marketing standards.
In numerous videos posted to his various social media channels, Oz, President-elect Donald Trump’s pick to direct the Centers for Medicare and Medicaid Services, has promoted herbal supplements.
The day before Thanksgiving, Oz posted a video on Facebook, Instagram, TikTok and X about the stress relief benefits of ashwagandha, a shrub found in Asia and Africa. Oz referred his 11 million followers to a “trusted source” to buy the herbal supplement, an online marketplace called iHerb. On social media, Oz says he is the company’s global adviser and a stakeholder.
Brian Hughes, a spokesman for the Trump transition team, said “”All nominees and appointees will comply with the ethical obligations of their respective agencies.”
In a letter sent to the FTC on Tuesday, Robert Weissman, a co-president of Public Citizen, said some of Oz’s videos advertising herbal supplements may have violated influencer marketing guidelines by not disclosing that Oz has a financial connection to the brands. The FTC declined to comment to NBC News, saying it does not comment on communications or complaints from outside entities.
“Dr. Oz posts regularly with appeals to consumers to consider buying products from iHerb. Video posts do not disclose his financial connections, nor does the accompanying text. Nor do the posts contain other disclosures such as #ad,” Weissman wrote in a review of Oz’s posts across platforms.
Known as “America’s doctor” during his successful TV career, Oz has also been known for controversial and unsupported health claims, including his promotion of ingredients and foods that are purported to help with weight loss and avoiding cancer.
While several of Trump’s choices for his Cabinet, agency heads and administration staff have social media platforms, Oz has one of the biggest followings, and he has engaged in the most transparent influencer marketing. While deceptive campaign ads and influencer endorsements were big topics in the past election cycle, political figures possibly engaging in undisclosed influencer marketing is a newer issue.
“With that knowledge, consumers can hopefully apply the appropriate emotional and intellectual filters to advertisements, discounting puffery and claims of authenticity. By contrast, disguised advertisements are inherently deceptive, because consumers do not know to apply appropriate screens,” Weissman wrote about the right for consumers to know if they are viewing an advertisement. “The issue is acute with disguised ads featuring paid endorsements, where deceived consumers believe admired celebrities are making genuine, self-directed and enthusiastic endorsements of brands, not realizing that those celebrities are instead paid and may not even use the touted brand.”
NBC News has reported that on TikTok, where he has 1.1 million followers, Oz has advertised iHerb products through the TikTok Shop marketplace as recently as September, using the in-app feature that allows TikTok users to buy items shown in videos in just three clicks. The most recent iHerb videos Oz posted to TikTok have not used the shop feature, and they have a label that says, “Creator earns commission,” but they do not indicate Oz’s relationship to the brand.
Weissman wrote that the TikTok commission labels may not sufficiently meet FTC influencer marketing standards for disclosing Oz’s interests in the brand and are most “likely automated” by TikTok. He also wrote that Oz’s posts on X (formerly Twitter) and Instagram do not include such labels.
While Oz discloses his position at iHerb in his bios on Instagram, X and TikTok, he does not disclose it on Facebook, where he has his largest following, 5.4 million. The FTC says in its guidelines that individual posts should include disclosures in text and in audio if the posts are videos, with disclosures in bios not being sufficient.
In the comments on Oz’s most recent posts for iHerb on Instagram and Facebook, NBC News viewed multiple accounts thanking him for his advice and celebrating his pending appointment. The comments were mostly positive, and some asked Oz to keep the Medicare and Medicaid systems as is or expand coverage to them. On X, NBC News viewed mainly negative comments, several of which called him a “grifter.” On TikTok, NBC News viewed dozens of comments fearing for America’s future and making fun of Oz for using TikTok Shop.
“OMG WE ARE COOKED” was the top TikTok comment, using a slang term referring to impending consequences. “He’s doing TikTok shop ads OMG” was another top comment, along with “The universe has to be toying with us” and “we’re DOOMED.”
