The FTC Endorsement Guides say that if you have a material connection to a brand you mention, such as being paid, getting free or discounted products, or a personal, family or employment link, you must disclose it clearly in the post itself. The FTC says this applies even to creators outside the US when it's reasonably foreseeable their content will reach US consumers.
The Guides sit behind the FTC's wider job of stopping deceptive advertising. They're written for both sides: the influencer making the recommendation and the brand behind it. The FTC's own influencer brochure puts the responsibility squarely on creators: it's your job to disclose, and you shouldn't rely on others to do it for you.
What counts as a material connection
| Connection | Disclose? |
|---|---|
| The brand paid you | Yes |
| Free or discounted products, services or other perks | Yes, even if you weren't asked to mention that product |
| Personal, family or employment relationship with the brand | Yes |
| Affiliate links where you earn a commission | Yes, in the content and near the links |
| A product you bought yourself and happen to like | No, and you don't need to say there's no relationship |
| Your own brand, where that's obvious | No; if it isn't always clear, disclose it |
The FTC is clear that financial relationships aren't limited to cash. Its Q&A even covers small incentives: whether a coupon, contest entry or cheap product needs disclosing depends on whether knowing about it would affect how much weight your audience gives the recommendation. And even if one small freebie wouldn't, the FTC warns that continually getting free products from advertisers could suggest you expect future benefits.
Where the disclosure has to go
The FTC's rule of thumb is that people must see and understand it, and it should sit with the endorsement itself. Its brochure says disclosures are likely to be missed if they appear only:
- On an about me or profile page
- At the end of posts or videos
- Anywhere that needs a click on more
- Mixed into a group of hashtags or links
| Format | What the FTC advises |
|---|---|
| Image posts and Stories | Superimpose the disclosure over the picture and leave enough time to read it |
| Video | Put it in the video itself, not only in the description; saying it and showing it on screen is more likely to be noticed |
| Live stream | Repeat it periodically so people who only see part of the stream still get it |
| Affiliate links in a video description | Disclose in the video and next to the links |
Wording that works, and wording that doesn't
The FTC says simple explanations like Thanks to Acme brand for the free product are often enough if they're hard to miss, and that ad, advertisement and similar plain terms work too. It says starting a post with Ad:, Paid ad, #ad, Advertising: or Advertisement would likely be effective, and that #ad, Ad: and ad at the start of a post are probably all equal.
| Disclosure | FTC view |
|---|---|
| #ad, Ad: or Advertisement at the start | Likely effective |
| Thanks to Acme brand for the free product | Often enough, if hard to miss |
| #comped or #hosted | Not sufficiently clear |
| #client, #advisor or #consultant on their own | Probably not: ambiguous and likely confusing |
| I'm a paid consultant to the marketers of XYZ | Much clearer |
| A platform's built-in paid partnership label alone | Not necessarily enough; the FTC judges whether it's clear and conspicuous |
That last row matters for Instagram and TikTok users. The FTC says it doesn't want to put people off using platform tools, but a platform offering one is no guarantee it's effective. It looks at placement and whether viewers are likely to notice it. My walkthrough on adding the paid partnership label on Instagram shows the tool; just don't rely on it alone.
Tags, likes and pins can be endorsements
This one surprises creators. The FTC's brochure says tags, likes, pins and similar ways of showing you like a brand or product can be endorsements. Its Q&A adds that simply posting a picture or video of yourself using a product can convey that you like and approve of it, even without words. So if a brand has given you something, a tag on its own isn't a disclosure.
UK and other non-US creators
The FTC's Q&A answers this directly with the example of a video blogger in London making paid YouTube videos for products also sold in the US. If it's reasonably foreseeable the videos will be seen by and affect US consumers, US law applies and a disclosure is needed. The FTC also points out that the UK and many other countries have similar rules, so check those too. For UK creators, my guide to the rules on disclosing affiliate links covers the UK side.
What happens if you get it wrong
The FTC's Q&A says that if a business has been sent a Notice of Penalty Offenses about endorsements and then engages in certain deceptive or unfair endorsement practices, the FTC could seek substantial civil penalties.
Brands managing creators will find platform options in our GRIN alternatives list.
Want AI doing the heavy lifting in your marketing?
I build the systems that handle the boring 80 percent, so you get your week back. Done properly, with the human kept in.
My verdict
Put the disclosure where nobody can miss it, in plain words, at the start of the caption or on screen. Use #ad or Ad: rather than clever tags, say it out loud in videos, and add a note next to every affiliate link. If you're a UK creator with a US audience, you're writing for both regulators, so follow the stricter habit every time. If you're on Amazon's creator scheme, my explainer on Amazon influencer programme requirements covers that platform's own rules.
Frequently asked questions
What are the FTC Endorsement Guides?
They're the FTC's guidance on how advertisers and endorsers avoid deceptive ads, including when and how influencers must disclose a material connection to a brand.
Do I need to disclose free products?
Yes. The FTC says if a brand gives you free or discounted products or other perks and you mention one of its products, you should disclose it, even if you weren't asked to mention that product.
Is #ad enough for the FTC?
The FTC says starting a post with #ad, Ad: or Advertisement would likely be effective, as long as people will see and understand it.
Is a disclosure in my bio enough?
No. The FTC says disclosures are likely to be missed if they appear only on an about me or profile page.
Do the FTC Endorsement Guides apply outside the US?
The FTC says US law applies if it's reasonably foreseeable that a post will affect US consumers, and foreign laws might also apply.
Do affiliate links need a disclosure?
Yes. The FTC says you should disclose the affiliate relationship both in the video and in the description near the links.
