The Denver influencer did not disclose that the videos were paid content

DENVER — As restaurants level allegations of broken promises against The Denver Foodie, 9NEWS viewers point out that the influencer has failed to label his videos as branded content, which appears to violate social media and Federal Trade Commission rules.

On Tuesday, 9NEWS reported on several companies saying they paid The Denver Foodie's Jonathan Davis hundreds of dollars to advertise on his social media pages. However, he either didn't show up to shoot videos or he didn't post them.

A review of The Denver Foodie's pages shows that when Davis posts videos from restaurants, he does not mark his videos as branded content.

Social media guidelines like those on Instagram and Federal Trade Commission (FTC) regulations state that influencers must disclose in their videos whether they receive compensation for mentioning a company or brand.

The rules aim to build trust as more people consume influencer content online. Influencers who violate FTC regulations face hefty fines for each incident.

Local business owners shared direct messages with 9NEWS with The Denver Foodie accounts showing that Davis is charging up to $350 for promotional videos on his pages.

Last year, the owner of Mr. Tang, a Korean restaurant in Aurora, paid Davis a $200 deposit that was never returned.

In a direct message to the restaurant, Mr. Tang, Davis wrote, “I may charge a small fee, but you will get a ton of exposure and will be featured on all my channels. These are Instagram, TikTok and Facebook.”

When 9NEWS asked Davis if he marks his videos as sponsored content, he claimed that his videos are not sponsored, but rather “screams for compensation.”

Sam Jay, a communications professor at Metropolitan State University of Denver who studies ethics and social media, called Davis' reaction “spin.”

“Both are the same. You are compensated for something. I think of Milton Friedman saying, 'There's no such thing as a free lunch,' and this is no different,” Jay said.

“If you receive compensation, whether in cash or products, our understanding of how sponsorship works requires you to make that clear,” Jay said.

The Denver foodie has changed his name on Instagram to WhatsUpDenver303, but continues to interact with people asking questions about the allegations.

In response to reporting on the allegations, Davis called Tuesday's 9NEWS story a “hit piece.”

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