In short
In the US, the FTC expects a creator to disclose any material connection to a brand, such as payment, free or discounted products, or a family or work relationship. The disclosure must sit in the post itself, in plain words like “ad” or “sponsored”. Brands are expected to brief creators on this, check their posts and fix problems.
When does an influencer post need a disclosure?
A disclosure is needed whenever the creator has a “material connection” with the brand. According to the FTC, that includes:
- A financial relationship, which is not limited to money: free or discounted products, perks or anything else of value.
- An employment, personal or family relationship with the brand.
- Gifted products that are later mentioned, even if the brand did not ask for the mention.
Tags, likes, pins and similar signals can count as endorsements too. Creators posting from outside the US are covered when it is reasonably foreseeable that the post will reach US consumers. A creator who simply bought a product and likes it does not need a disclosure.
Where should the disclosure go?
The rule of thumb is that people should see it without looking for it. The FTC’s guidance says:
- Put it with the endorsement itself, not only in the bio, at the end of a post, or behind a “more” link.
- Do not bury it in a block of hashtags or links.
- On Instagram Stories and similar formats, place it over the image and leave it on screen long enough to read.
- In videos, include it in the video itself, not only in the description. Saying it and showing it on screen is best.
- In live streams, repeat it regularly so people who join late still see it.
What wording counts as a clear disclosure?
Plain language works best, in the same language as the post.
| Works | Avoid |
|---|---|
| “ad”, “advertisement”, “sponsored” | “sp”, “spon”, “collab” |
| “Thanks to [Brand] for the free product” | A stand-alone “thanks” or “ambassador” |
| “[Brand]Partner” or “[Brand] Ambassador” where space is limited | Other abbreviations and shorthand |
| #ad or #sponsored, placed where people will see it | A disclosure hidden among other hashtags |
Platform tools such as paid partnership labels are worth using, but the FTC advises adding your own clear disclosure as well rather than relying on the tool alone.
Is the brand responsible, or only the creator?
Both. The FTC’s Endorsement Guides state that advertisers can be liable for misleading endorsements and for undisclosed material connections, even when the creator is not. They say brands should give creators guidance on disclosures, monitor whether creators comply, and take action to fix problems.
The same guides limit what a creator can say: they cannot describe experience with a product they have not tried, cannot praise a product they actually thought was poor, and cannot make claims the brand could not prove, such as health benefits without scientific evidence.
A disclosure checklist for every creator brief
Add these points to every brief, contract and approval step:
- State that the post is paid or gifted and must be disclosed.
- Give the exact wording to use, such as “ad” or “Thanks to [Brand] for the free product”.
- Say where it goes: at the start of the caption, on screen in Stories and video, and spoken in video and live streams.
- Ask creators to use the platform’s paid partnership label as well.
- List the product claims creators may and may not make.
- Review every post before or right after it goes live, and keep a record.
- Agree what happens if a disclosure is missing: the creator edits the post, and the brand follows up.
This article is general information, not legal advice. For a specific campaign, check with a qualified lawyer.