DENVER — As restaurants come forward with allegations of broken promises against The Denver Foodie, 9NEWS viewers are pointing out the influencer has not been marking his videos as branded content, which appear to violate social media and Federal Trade Commission rules.
On Tuesday, 9NEWS reported on several businesses who say they paid Jonathan Davis, of The Denver Foodie, hundreds of dollars to be promoted on his social media pages. However, he either failed to show up to shoot videos or failed to post them.
A review of The Denver Foodie pages shows Davis is not marking his videos as branded content when he does post videos of restaurants.
Social media policies, like on Instagram, and regulations outlined by the Federal Trade Commission (FTC) say influencers must disclose on their videos if they are being compensated to mention a business or brand.
The rules are aimed at establishing trust as more people consume influencer content online. Influencers who violate the FTC regulations could face heavy fines for each incident.
Local business owners have shared with 9NEWS direct messages with The Denver Foodie accounts that show Davis charges up to $350 for promotional videos on his pages.
Last year, the owner of Mr. Tang, a Korean food restaurant in Aurora, paid a $200 deposit to Davis that was never refunded.
In a direct message with the Mr. Tang restaurant, Davis wrote, "I do charge a small fee but you'll get a ton of exposure and be featured on all of my channels. That's Instagram, TikTok and Facebook."
When 9NEWS asked Davis if he’s marking his videos as sponsored content, he claimed his videos are not sponsored but rather “shoutouts for compensation.”
Sam Jay, a communications professor at Metropolitan State University of Denver who studies ethics and social media, characterized Davis’s response as “spin.”
"They're both the same thing. You're getting compensated for something. I think of Milton Friedman saying, ‘There's no such thing as a free lunch,’ and that's no different here,” Jay said.
"If you are getting compensated, whether that is in cash or product, according to our understanding of how sponsorships work, you have to make that clear," Jay said.
The Denver Foodie has changed its name on Instagram to WhatsUpDenver303, but continues to interact with people who are raising questions about the allegations.
In response to the reporting on the allegations, Davis characterized Tuesday's 9NEWS story as a "hit piece."
If you have any information about this story or would like to send a news tip, you can contact jeremy@9news.com.