FTC Disclosure Requirements for Influencer Content: A Plain-English Guide

The FTC has been refining influencer disclosure guidance since 2009. The headline hasn't changed: if there's a material connection between brand and creator, the audience needs to know. Here's the operational version.

What counts as a material connection

Any payment in cash or product. Any free product worth more than nominal value. Any affiliate commission. Any meaningful gift. Anything that would change the audience's perception of the endorsement.

What disclosure has to look like

Clear. Conspicuous. Up front (not at the bottom or hidden). In the same language as the content.

Acceptable: "#ad," "Paid partnership with [brand]," "Sponsored by [brand]."

Not acceptable: "#thanks [brand]," "#partner" alone (ambiguous), disclosure buried below the fold.

Platform-specific

Instagram: Use the native Paid Partnership label and in-caption disclosure. Both. Belt and suspenders.

TikTok: Branded Content toggle and #ad in caption.

YouTube: Both YouTube's Paid Promotion toggle and verbal/text disclosure in the first 15 seconds.

Who's responsible

Both. The creator is responsible for disclosure. The brand is responsible for instructing them to disclose and verifying compliance. The FTC has gone after both sides in cases.

Common mistakes

Disclosure only in the third comment. Disclosure in a story but not the feed post. Affiliate links without disclosure. "Gifted" instead of explicit ad disclosure.

The simple rule

Make the relationship obvious. If your gut says "this might confuse the audience," it will. Add the disclosure.