In the ever-changing world of social media, influencers wield significant power to shape trends, promote products, and engage with a vast audience.
But, as Peter Parker was once famously told, with great power comes great responsibility.
Today’s influencers have a major responsibility to be transparent with their followers, especially when recommending or endorsing products on a brand’s behalf.
To maintain transparency and trust, the Federal Trade Commission (FTC) revised its guidelines for influencers to ensure that their audiences are fully aware when they’re engaging with sponsored or affiliate content.
If you’re an influencer who works or plans to work with brands, you’re probably wondering: “What are these guidelines and how can I follow them?” That’s where BrandCycle comes in!
In this blog, we’ll break down the FTC, its disclosure guidelines, platform-specific nuances, and special considerations that can help your affiliate and sponsored content to stay compliant.
What’s the FTC and why should it matter to influencers?
The FTC is a U.S. government agency that protects consumers by preventing unfair business practices, false advertising, and monopolies. In other words, the FTC serves as eyes and ears for consumers, promoting market fairness and ensuring consumers aren’t deceived when buying goods or services.
Influencer marketing’s rise has highlighted the need for these protections as more consumers flock to influencers for product recommendations, research, and discovery. In fact, 54% of younger consumers say influencers impact their purchasing decisions either a lot or a little.
As an influencer, it’s up to you to help your audience understand the difference between your organic and paid posts — which makes the FTC guidelines crucial to follow!
Failure to comply with FTC guidelines can result in serious consequences, including legal action, fines, damage to reputation, and brand partnership losses – so don’t risk it!
Disclosures for sponsored posts
Disclosures are at the center of the FTC’s guidelines for influencers. But which influencers need to make disclosures? If you have a “material connection” with a brand, then you need to.
A “material connection” refers to the relationship an influencer has with a brand, whether it’s a personal, family, employment, or financial relationship. So any influencer who receives free products, gets paid for a post or review, or earns commission from sales has a “material connection” with a brand.
Disclosing your “material connection” to a brand keeps your sponsored content honest and your audience informed that they’re being marketed to. After all, the FTC notes that, “As an influencer, it’s your responsibility to make these disclosures, to be familiar with the Endorsement Guides, and to comply with laws against deceptive ads. Don’t rely on others to do it for you.”
So, is there a right or wrong way to make a disclosure? The answer is yes.
The rights and wrongs of sponsored post disclosures
When making a disclosure, it’s important that your audience can see and understand it. In particular, disclosures must be:
- Hard to miss
- Right: Announce disclosures as soon as possible in your content, where it cannot be missed by your audience. It can be as simple as saying, “Thanks to [insert brand name] for sponsoring today’s video.”
- Wrong: Avoid placing disclosures in “hidden” areas. Your audience will likely miss your disclosure if it’s located on an “About Me” or profile page; at the end of posts or videos; or anywhere that requires a person to click “More.” A disclosure also shouldn’t be mixed into a group of hashtags or links, where it can get lost.
- Simple and clear
- Right: Use easy and straightforward terms your followers will understand, such as “sponsored,” “advertisement,” or “ad,” when making disclosures. Hashtags can be used in disclosures but aren’t mandatory, i.e. #ad or #sponsored.
- Wrong: Avoid using unclear terms like “sp,” “spon,” or “collab,” or standalone terms like “thanks” or “ambassador” when making disclosures.
- Note: An exception to this is on social media platform X, formerly known as Twitter. Since character space is limited, the terms “[brand name]Partner” or “[brand name] Ambassador” are acceptable disclosure options.
- In the same language as the endorsement itself
- Right: The language you use when making a disclosure should match the language used in the endorsement.
- Wrong: Avoid using language that’s out of place with the rest of the endorsement.
- Used in addition to a platform’s disclosure tool
- Right: Use your own, good disclosure along with a platform’s disclosure tool. For example, Instagram has a paid partnership label for transparency that can be used along with a normal disclosure.
- Wrong: Don’t solely rely on a platform’s disclosure tool to make disclosures to your audience.
Disclosures for specific platforms
Different platforms may have their own disclosure guidelines for sponsored content. Make sure your disclosures comply with each platform you post on in addition to following FTC disclosure regulations.
Instagram:
- When posting sponsored content on Instagram, the platform requires you to enable the branded content tool. Once enabled, you can request to use the paid partnership label in order to share your branded content.
- Feed and Reels: Your FTC-specific disclosure must appear at the beginning of captions, using either #ad, #sponsored, or #[insert brand]partner.
- Stories: Your FTC-specific disclosure must appear on the first frame of your ad and be superimposed over the picture, giving viewers enough time to read it.
- Story disclosures should be big and clear enough to read, not hidden in the background or written in small font.
- Don’t forget to use #ad, #sponsored, or #[insert brand]partner.
Facebook:
- Sponsored content on Facebook may only be posted with the use of its branded content tool, which tags the featured third-party product, brand, or business partner.
- FTC-specific disclosures on sponsored Facebook posts must appear at the beginning of copy, specifically before “See more.”
- Make sure to include #ad, #sponsored, or #[insert brand]partner.
Website/Blog:
- Disclosures should appear at the beginning of sponsored content on websites or blogs, so it can’t be missed.
- “This post is sponsored by [insert brand]. All opinions expressed are my own” is an example of an acceptable blog disclosure.
TikTok:
- Your content disclosure setting, which allows you to add a disclosure to your post to clearly indicate that your video content is sponsored, must be turned on when promoting a brand or product on TikTok.
- FTC-specific disclosures on TikTok must appear at the beginning of captions.
- Remember to incorporate #ad, #sponsored, or #[insert brand]partner.
YouTube:
- When including paid partnerships or sponsorships on YouTube videos, the platform requires you to select the paid promotion box in your video details. This allows YouTube to facilitate disclosures to users.
- FTC-specific disclosures must be verbally stated in YouTube videos in addition to being in the video description. An example of this is saying, “Thank you [insert brand name] for sponsoring this video.”
- Disclosures must appear at the beginning of your caption in the description and mention #ad, #sponsored, or #[insert brand]partner.
- Disclosures must also be superimposed on screen for at least 10 seconds in the first half of the video.
Livestream:
- When promoting sponsorships or endorsements on livestream platforms like Twitch, remember to mention your disclosure periodically during the stream, so people who only watch part of it still get the disclosure.
- Written disclosures or tags must also be included during livestreams using an overlay.
Disclosures for affiliate posts
Even affiliate links require proper FTC disclosures since you may earn money off of every purchase.
Where to place affiliate disclosures:
- Your disclosure must appear before the affiliate link leading to the brand’s website or product listing. The disclosure should appear as close to the beginning of the content as possible.
- Simply linking to your disclosure in the header, footer, sidebar, “About Me” page, etc. is not enough to satisfy FTC disclosure guidelines.
Which terms to use for affiliate disclosures:
- Hashtags like #ad or “ad” meet requirements because an ad is a widely familiar concept.
- Using terms like “affiliate” or #affiliate does not meet FTC disclosure guidelines. If the audience isn’t familiar with affiliate marketing, they won’t know what’s being conveyed.
How to clearly phrase affiliate disclosures:
- Your audience must understand what’s being disclosed and why without needing to investigate on their own. An example of this is, “This post contains affiliate links for which I may receive compensation. Please click here to read my full FTC affiliate disclosure policy.”
- If they have to follow a link to read your disclosure (for example, “Click here to read my affiliate disclosure”), then that doesn’t satisfy FTC guidelines.
Industry-specific disclosures
Knowing FTC’s disclosure guidelines for specific industries is also important, especially since some have additional considerations for influencers to stay compliant. BrandCycle works with over 700 brands, which means we have lots of industries to cover! Here are the ones you should know:
Health, Nutrition, and Wellness
- Dietary Supplements
- When promoting dietary supplements, the FTC notes, “All parties who participate directly in marketing and promotion, or who have authority to control those practices, have an obligation to make sure that claims are presented truthfully and to check the adequacy of the support for those claims.” In other words, it’s up to you to make sure any claims you make about supplements to your audience are true and can be backed up by scientific evidence.
- That means it’s crucial to clearly and conspicuously disclose qualifying information that’s hard to miss and easy to understand. Saying a product “may” have or “helps” achieve the claimed benefit isn’t clear enough.
- Supplement disclosures should also be made in the same nature a claim is made, e.g. if a claim is made visually and audibly, the accompanying disclosure should be made visually and audibly.
- Also, avoid suggesting benefits, safety, or other characteristics about supplements indirectly that you can’t claim directly.
- Example: “This post is sponsored by [Brand]. I’ve been using their supplement for two weeks, and I love how it supports my energy levels #ad.” This example discloses the brand sponsorship and includes a personal experience with the supplement, but doesn’t make unverified health claims.
- Medical
- Influencers promoting medical products, which can include medical devices and wellness treatments, must disclose any material connection, avoid misleading claims (like claiming a product “cures” or “treats” a condition without FDA approval), and include necessary health disclaimers.
- Example: “This wellness treatment from [Brand] helped me manage my migraines. This is my personal experience, and results may vary! Always check with a healthcare professional before starting any new treatment #ad.” This example discloses that it’s an ad, avoids misleading claims (doesn’t say “this will cure you”), and includes a disclaimer advising consultation with a doctor.
Food and Beverages
- Alcohol
- When promoting alcohol, like malt beverages, beer, wine, and distilled spirits, influencers must not only ensure their content follows FTC guidelines but that it follows industry-specific guidelines, like age restrictions and responsible drinking messages.
- Influencers must also make sure alcohol-related content is allowed on the social media platform they use. For example, alcohol-related content is prohibited on TikTok, while it can be promoted on Facebook and Instagram with restrictions.
- The FTC mandates that alcohol ads shouldn’t target or appeal to minors (under 21 in the U.S.). This means alcohol ads shouldn’t be placed in media where a majority of the audience is minors. So, if the majority of your audience is minors, you shouldn’t promote alcohol-related content to them under any circumstances.
- Ads also shouldn’t exaggerate the qualities, benefits, or effects of alcohol, such as implying that drinking alcohol can make someone more attractive, successful in social situations, or happy.
- Example: “Cheers to the weekend! Excited to partner with [Brand] to showcase their new wine. Must be 21+ to enjoy. Please drink responsibly! #ad #sponsored.” This example discloses the brand sponsorship, includes a responsible drinking message, and avoids making health claims or mentioning exaggerated benefits.
- Meal/Grocery Delivery, Edible Gifts
- Influencers that promote sponsored or gifted meal kits, grocery delivery services, and edible gifts must comply with FTC guidelines and ensure their statements are truthful, not misleading, and compliant with health and nutrition claims.
- Example: “Huge thanks to [Brand] for sending me this delicious meal box! Can’t wait to try these recipes #gifted #ad.” This example discloses that the meal box was gifted, avoids misleading claims, and uses “#ad” since FTC requires disclosure even if unpaid.
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Baby
- When it comes to promoting baby products, influencers are marketing to parents of babies. This means that in addition to following FTC guidelines and disclosing a material connection with a brand, influencers should ensure their baby-focused content is truthful, not misleading, and does not make unverified health or safety claims.
- Example: “New parents, this crib from [Brand] has been a game-changer for us! So grateful to partner with [Brand] to share this must-have for baby sleep. Always check with your pediatrician before using new products #sponsored.” This example discloses the brand sponsorship, avoids making unverified claims, and includes a safety disclaimer.
Kids
- When influencers promote kids’ products, they must comply with FTC guidelines by making clear disclosures, be careful not to make misleading claims, and follow child safety regulations, such as the Children’s Online Privacy Protection Act (COPPA), if promoting to children directly.
- Example: “We’ve been loving this trampoline for outdoor fun. Thanks to [Brand] for sponsoring this post! Always follow age recommendations and safety guidelines when using new products #sponsored #ad.” This example discloses the brand sponsorship, avoids misleading claims, and includes a safety disclaimer.
Maternity
- Promoting products to expectant mothers means influencers must have proper FTC disclosures and ensure the endorsements are truthful, non-misleading, and medically responsible.
- Example: “This belly butter has been a game-changer for me! #ad Thanks to [Brand] for sponsoring this post—this is my personal experience, but every pregnancy is different. Always check with your healthcare provider before trying new products! #sponsored.” This example states the brand sponsorship, avoids medical claims, and includes a disclaimer advising consultation with a doctor.
Apparel
- When influencers promote apparel, they must follow FTC guidelines to ensure their audience knows when they have a material connection with the brand, whether it’s a paid sponsorship, gifted, or an affiliate link.
- Example: “[Brand] sent me a pair of sunglasses from their new collection, but all opinions are my own! #ad #gifted.” This example uses #ad per FTC rules as well as discloses the material connection with the brand and that the apparel was gifted.
Sports, Fitness, Outdoors, and Gear
- When promoting sports, outdoor, and fitness products — such as athletic gear, hiking equipment, camping gear, or fitness apparel — influencers must follow FTC guidelines by disclosing material connections with a brand and making sure their statements are truthful and not misleading about performance or safety.
- Example: “Shoutout to [Brand] for sending me this bike to test out on my next adventure! Always make sure your gear is right for your activity and conditions! #gifted #ad.” This example acknowledges the free product, uses #ad per FTC rules, doesn’t make misleading claims, and encourages followers to make informed choices when buying gear.
Travel
- Influencers who promote travel can comply with FTC guidelines by clearly disclosing sponsorships, free stays, and affiliate links, and keeping their content transparent about personal experiences.
- Example: “Huge thanks to [Brand] for sponsoring this trip. The views, service, and food were amazing—sharing my personal experience, but always check reviews and choose what fits your travel style! #Sponsored #TravelPartner.” This example discloses the sponsorship, clarifies personal experience, and encourages followers to check reviews before booking.
Finance
- Influencers must include clear disclosures about paid partnerships, free trials, and potential risks when promoting finance tools, such as banking apps, investment platforms, or budgeting software. Since financial products impact followers’ money, influencers must avoid misleading claims, exaggerated earnings potential, or false guarantees in their content.
- Example: “Managing my budget has never been easier with my new budget tracker! Thanks to [Brand] for sponsoring this post. This tool helps me track expenses, but always do your own research to find the best financial tools for your needs #sponsored.” This example states that it’s an ad, avoids misleading financial claims, and encourages followers to research before using financial tools.
Pets
- Influencers who want to share pet products, such as pet food, grooming supplies, toys, supplements, or pet insurance, with their audience can follow FTC guidelines by clearly disclosing sponsorships, free products, and affiliate links, and avoiding misleading claims about health benefits, nutrition, or product safety.
- Example: “This post contains affiliate links, meaning I may earn a commission if you buy through my link. My dog loves [Brand’s] food, but be sure to check reviews and choose what’s best for your pet!” This example states the affiliate relationship while encouraging the audience to make informed purchases by reading reviews.
Beauty and Skincare
- Influencers who specialize in promoting beauty and skincare products must follow FTC guidelines by clearly disclosing sponsorships, free products, affiliate links, and paid endorsements, while avoiding misleading claims about product effectiveness, medical benefits, or guaranteed results.
- Example: “Just tried [Brand’s] new moisturizer, and it feels so lightweight! Always patch-test new skincare before applying it all over! #gifted #ad.” This example discloses that the product was gifted and encourages followers to practice responsible skincare with patch-testing.
Education
- Influencers who promote educational products or programs, such as online courses, tutoring services, learning apps, or educational subscriptions, can adhere to FTC guidelines by clearly disclosing sponsorships, free access to those products, and affiliate links. They must also avoid misleading claims about guaranteed outcomes from the products, e.g., “This course will make you a millionaire”.
- Example: “This post contains affiliate links, meaning I may earn a commission if you sign up through my link. I’ve personally enjoyed using [Brand’s] learning program, but make sure to research if it fits your learning style!” This example shows the affiliate relationship, doesn’t share misleading claims, and encourages the audience to do research before purchasing.
Home and Furniture
- Influencers who promote home and furniture products, such as decor, appliances, furniture, or home improvement tools, must follow FTC guidelines by clearly disclosing sponsorships, gifted products, and affiliate links. They should also avoid exaggerated claims about durability, quality, or functionality that aren’t supported by evidence.
- Example: “Just upgraded my living space with this gorgeous sofa from [Brand]! Thanks to [Brand] for sponsoring this post. Always check dimensions and materials to make sure it fits your space! #sponsored.” This example clearly states it’s sponsored, doesn’t mislead about product quality, and encourages followers to do further research before purchasing.
Wedding
- When influencers promote wedding-related products, like dresses, venues, invitations, planners, or decor, they must follow FTC guidelines by clearly disclosing sponsorships, free products, and affiliate links. Influencers should also avoid making exaggerated claims about quality, exclusivity, or pricing that could mislead couples planning their big day.
- Example: “Look at these gorgeous wedding invitations that were sent to me from [Brand]! Always order a sample before finalizing your invites! #gifted #ad.” This example discloses that the product was gifted, uses #ad to comply with FTC guidelines, and provides practical advice for couples.
Technology
- Promoting technology products, including smartphones, laptops, software, gaming devices, or smart home gadgets, requires influencers to follow FTC guidelines by clearly disclosing sponsorships, gifted products, and affiliate links and avoiding false claims about performance, security, or exclusivity that could mislead consumers.
- Example: “[Brand] sent me this smart thermostat to try out! So far, it’s super easy to install—will update if I run into any issues! #gifted #ad” This example discloses that the product was gifted, uses “#ad” to comply with FTC guidelines, and avoids overhyping the product before fully testing it.
E-commerce
- Influencers must follow FTC guidelines when promoting e-commerce brands, online marketplaces, or shopping platforms by clearly disclosing sponsorships, gifted products, and affiliate links. They should also avoid misleading claims about pricing, product quality, or exclusivity that could confuse consumers.
- Example: “Stocking up on my spring wardrobe from [Brand]! Big thanks to [Brand] for sponsoring this post. Check out their sitewide sale this weekend, but make sure to check the return policy before purchasing! #sponsored #ad.” This example states it’s a sponsored post, avoids misleading claims about product quality, and encourages the audience to review return policies while browsing the sale.
Trademarks
- Influencers who promote trademarks — which include endorsements of branded merchandise, licensing deals, collaborations, or legal discussions about trademarks — can follow FTC guidelines when they disclose any sponsorships, brand partnerships, or affiliations with trademark owners.
- Example: “Excited to announce my official collaboration with [Brand]! #sponsored #ad.” This example clearly discloses the collaboration while using “#ad” to comply with FTC guidelines.
Books
- Influencers who promote books to their audience, including physical books, e-books, audiobooks, and subscription services like Kindle Unlimited or Audible, must follow FTC guidelines by clearly disclosing sponsorships, gifted copies, and affiliate links. Influencers should also avoid exaggerated claims about book content, endorsements, or guarantees of success (like in self-help or finance books).
- Example: “Just got an early copy of this book from [publisher]—so excited to read it! Review coming soon! #gifted #ad.” This example discloses that the book was gifted and doesn’t make exaggerated claims.
TV, Internet, and Streaming Services
- If influencers promote TV, internet, and streaming services, they can comply with FTC guidelines by clearly disclosing any sponsorships, gifted subscriptions, or affiliate links. The disclosure should be clear, easy to understand, and placed where followers won’t miss it.
- Example: “Loving my new streaming bundle from [Brand]! Sign up now for a free trial—limited-time offer! #ad.” This example clearly discloses it’s an ad and doesn’t make false “unlimited” claims.
Sensitive Content
- Influencers promoting sensitive content, like adult toys, must follow FTC guidelines by clearly disclosing any sponsorships, gifted products, or affiliate links without being misleading. However, given the sensitive nature of adult toys, influencers must ensure their content complies with platform policies regarding explicit material. For example, TikTok, Facebook, and Instagram prohibit adult-branded content, while Twitter permits it with restrictions, so be sure to confirm which platforms allow it.
- Example: “Just got this new toy from [Brand]! They sent it to me to try—sharing my honest thoughts! #gifted #ad.” This example uses clear disclosures like #ad and avoids making misleading claims.
Entertainment
- Influencers who promote entertainment experiences, like movies, TV shows, music, events, gaming, or live performances, can follow FTC guidelines by clearly disclosing any sponsorships, gifted experiences, or affiliate relationships.
- Example: “Excited for Coachella this weekend! Thanks to [Brand] for sponsoring my experience. Who else is going? #ad.” This example discloses the paid sponsorship while using clear and direct language.
Keep endorsements honest
The main goal of FTC disclosures is to keep influencers honest with their audiences. But disclosures aren’t the only way influencers should remain honest; they should also keep their endorsements honest. In particular, influencers shouldn’t:
- Talk about an experience with a product or service they haven’t tried
- Lie about their experience with a product or service, e.g., saying a product was good when it wasn’t
- Make up claims about a product or service that can’t be backed up by proof from the brand
Final thoughts
FTC disclosure guidelines are crucial to keep audiences informed and influencers transparent when working with brands. Being transparent is a non-negotiable – your audience values authenticity, so make sure you’re upfront about any partnerships or endorsements in order to keep your content genuine. For more details on FTC guidelines, head to its website or reach out to the BrandCycle team!