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FTC Disclosure Rules for Influencers

STAKD Resources · Updated October 26, 2026 · 8 min read

The FTC says influencers should disclose any financial, employment, personal or family relationship with a brand when they mention its products, and that "financial" includes free or discounted products, not just cash. The disclosure should be hard to miss: placed in the post or video itself, in plain words like "ad" or "sponsored," and not hidden in a bio, behind a "more" link, or in a pile of hashtags.

That summary comes from the FTC's own guidance for creators, Disclosures 101 for Social Media Influencers, and its Endorsement Guides FAQ. The details are below.

Where the rules come from

The Endorsement Guides

The FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR Part 255) explain how the FTC applies its law against deceptive advertising to endorsements, including influencer posts. The FTC announced updated Guides in June 2023, the first revision since 2009 (FTC press release; Federal Register notice).

According to the FTC, the 2023 update:

The Guides themselves aren't regulations. The FTC's FAQ describes them as guidance on how the FTC interprets the law, and notes that following them doesn't give a safe harbor from liability (FTC FAQ).

Disclosures 101

Disclosures 101 for Social Media Influencers is the FTC's plain-language guide for creators, published in 2019. It's short and worth reading in full. The FTC also keeps a hub page, Endorsements, Influencers, and Reviews, linking to its related guidance.

We checked both FTC pages in October 2026. We didn't find a newer revision of the Endorsement Guides than the 2023 version, but check ftc.gov for updates.

When the FTC says to disclose

Any material connection

Disclosures 101 says to disclose when you have any financial, employment, personal or family relationship with a brand. That includes:

Free products count

This is the one that trips up a lot of creators. The FTC says that if a brand gives you free or discounted products and you mention one of its products, you should disclose, even if you weren't asked to mention it (Disclosures 101).

The FAQ adds that it doesn't matter how you got it, whether the company "gives you a code, ships it directly to you" or reimburses you (FTC FAQ).

Free products can also have tax consequences. See do influencers pay taxes on free products.

Tags, likes and other small endorsements

Disclosures 101 notes that tags, likes and pins can be endorsements too. The 2023 Guides explicitly include tags in the definition of endorsement.

Even if you think you're unbiased

The FTC says to "make disclosures even if you think your evaluations are unbiased." The point of disclosure is to let the audience decide how much weight to give your opinion.

How the FTC says to disclose

Put it where people will see it

Disclosures 101 says the disclosure should be placed with the endorsement itself. Disclosures are likely to be missed when they're:

The FAQ adds that "a disclosure in the middle or at the end of a post is easier to miss," and that on Instagram, a required disclosure in the first lines "should be presented without having to click 'more'" (FTC FAQ).

Use plain words

The FTC lists examples of clear language (Disclosures 101):

Hashtags are fine but not required. Disclosures 101 says it's "fine (but not necessary) to include a hashtag with the disclosure," like #ad or #sponsored.

Wording the FTC calls unclear

According to the FTC's guidance, these are vague or ambiguous on their own:

The FAQ also says "Thanks XYZ" alone doesn't necessarily tell people you got something. "Thanks XYZ for the free product" works, but only if the free product is all you received.

Match the language of the post

If the endorsement is in Spanish, the FTC says the disclosure should be in Spanish too.

Video, live streams and Stories

Videos

The FTC says to put the disclosure in the video itself, not only in the description. Disclosures 101 notes viewers are more likely to notice disclosures made in both audio and video. In practice, that often means saying it out loud and showing it on screen.

For a YouTube integration, that could look like saying "This video is sponsored by [Brand]" at the start of the segment, with on-screen text, and noting the sponsorship in the description.

Live streams

People join a live stream partway through. The FTC says to repeat the disclosure periodically so viewers who arrive late still see it.

Stories and photo posts

For Stories on Instagram, Snapchat and similar platforms, Disclosures 101 says to superimpose the disclosure over the image and leave enough time for viewers to read it.

Platform branded-content tools

Most major platforms have a built-in way to label sponsored content, such as Instagram's paid partnership label and TikTok's content disclosure setting. YouTube asks creators to tell it about paid promotions by selecting the paid promotion option in the video details, which shows viewers a disclosure label (YouTube Help).

Platforms may require these tools under their own policies. But the FTC is clear that they aren't automatically enough:

Many creators use both: the platform label plus "#ad" or a spoken disclosure.

Affiliate links

Affiliate commissions are a financial relationship. The FTC FAQ says to disclose clearly and close to the recommendation. It says "paid link" next to the link can work, while "affiliate link" alone and "buy now" buttons aren't adequate (FTC FAQ).

Honest reviews

Disclosure isn't the only rule. Disclosures 101 also says:

Brand contracts sometimes include talking points. The FTC guidance applies to what you say, regardless of who wrote it. The brand deal contract checklist covers disclosure and claims clauses.

Who's responsible

The FTC FAQ says its enforcement usually focuses on advertisers and their agencies and PR firms, but that action against an individual endorser may be appropriate in some cases, such as when an endorser hasn't made required disclosures despite warnings (FTC FAQ).

Disclosures 101 also notes that if you live outside the US, US law can still apply when it's reasonably foreseeable your post will affect US consumers.

Quick reference

FTC guidance says Examples
Disclose any material connection Payment, free product, discount, employment, family
Put it with the endorsement First lines of caption; in the video
Make it hard to miss Not only in bio, not behind "more," not in a hashtag pile
Use clear words "Ad," "Sponsored," "Advertisement," "Thanks [Brand] for the free product"
Avoid vague terms "sp," "spon," "collab," stand-alone "thanks," "Gifted" alone
Video: say and show it Audio plus on-screen text
Live: repeat it Periodically during the stream
Platform tools help but aren't a guarantee Use alongside your own disclosure
Be honest Try the product; don't invent claims

How STAKD handles this

Brand contracts often add their own disclosure requirements on top of FTC guidance, such as a specific hashtag, a spoken line, or use of the platform's branded-content tool. Those requirements are easy to lose between signing and posting, especially when they're in a contract PDF and the deliverable is weeks away.

STAKD is a place to keep those deal terms organized; it doesn't review your content or tell you whether a disclosure is sufficient.

STAKD is free to start on the Starter plan, with no card required, and includes a 14-day free trial of Pro features. See pricing. For what else to record per deal, see how to track brand deals.

Related guides


This article is general information, not legal advice. For advice about a specific contract, talk to a qualified attorney.

Last reviewed: October 2026

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