When you have to disclose
The test is whether you have a material connection with the brand: something that might affect how much weight a reader gives your opinion. The FTC's Disclosures 101 lists the obvious cases, a financial, employment, personal or family relationship, and then widens it: disclose if you got anything of value to mention a product, which includes free or discounted products and other perks, and applies even if the brand did not ask for the post. Two assumptions are ruled out. You may not assume your followers already know about the relationship, and you may not skip the disclosure because you think your evaluation is unbiased. Tags, likes and pins can be endorsements too, and the revised Guides name tags in social media posts in their definition of an endorsement.
The one case with no duty is the plain one: you bought the product yourself, like it and say so, with no relationship to the brand. The FTC adds that you do not need to declare that you have no relationship. Posting from outside the US does not take you out of the rules either; they apply when it is reasonably foreseeable that the post will affect US consumers.
Where the disclosure goes, by format
| Format | Where | What the FTC says |
|---|---|---|
| Photo post | In the caption, at the start, not in the hashtag block or behind "more" | A disclosure is easy to miss at the end of a long post or mixed in with hashtags; the FTC says starting with #ad or "Ad:" would likely be effective |
| Story or short clip | Superimposed on the image, on screen long enough to read | Disclosures 101: superimpose the disclosure over the picture and give viewers enough time to notice and read it |
| Video | In the video itself, on screen and spoken, not only in the description | The disclosure should be in the video, not just the description; some viewers watch without sound and others do not notice words on screen, so both audio and visual is best |
| Live stream | Repeated at intervals | Repeat the disclosure periodically so viewers who see only part of the stream still get it |
| Podcast or audio | Spoken in the episode, near the endorsement | 16 CFR 255.0: a disclosure for an audible representation goes in the audible portion of the communication |
| Platform tag such as paid partnership | Allowed, but add your own disclosure as well | The FTC says not to assume a platform tool is sufficient; use it in addition to your own disclosure |
The thread through the table is the definition the FTC wrote into 16 CFR 255.0 in 2023: a disclosure is clear and conspicuous when it is difficult to miss, that is easily noticeable, and easily understandable by ordinary consumers. A visual claim needs a visual disclosure, an audible claim an audible one, and a claim made both ways needs both. In interactive media such as social feeds the disclosure should be unavoidable, and nothing else in the post may contradict or water it down. That is why "details in bio" fails: the reader can avoid it.
Which words work
Simple and clear. The FTC's own examples are "ad", "advertisement", "sponsored" and a sentence like "Thanks to Acme brand for the free product". On platforms with little space it accepts forms such as "AcmePartner" or "Acme Ambassador". A hashtag is fine but not required; there is nothing special about the hash sign, and a disclosure that runs together with other words may not be noticed. The words the FTC tells you not to use: "sp", "spon" and "collab", a stand-alone "thanks" or "ambassador", and other abbreviations where a full word would fit. The disclosure must be in the same language as the endorsement, so a Spanish post gets a Spanish disclosure.
Captions that pass and captions that fail
These are written for this guide, for an imaginary kettle from an imaginary brand.
| Caption | Verdict | Why |
|---|---|---|
| #ad Three weeks with the Northline kettle: it boils a liter in under three minutes and the lid does not drip. Link in bio. | Passes | Disclosure first, then the opinion |
| Sponsored by Northline. I asked for the matte black and it hides fingerprints better than my old one. | Passes | Plain word, names the brand, at the start |
| Thanks to Northline for the free kettle. Honest take after a month below. | Passes | Says what was received and from whom |
| Obsessed with my new kettle, boils so fast. #kitchen #morningroutine #coffee #tea #homedecor #ad | Fails | Disclosure buried at the end of a hashtag block |
| New kettle day. #sp #collab | Fails | Vague shorthand; the FTC says sp, spon and collab are unclear |
| Loving this kettle. (Partnership details in my bio.) | Fails | Disclosure only on the profile page |
| Thanks Northline. | Fails | A stand-alone thanks does not say you were paid or given the product |
The longest passing caption above is 122 characters, short by any platform's standard, and the disclosure itself takes 4 of them including the space. Length is never the reason a disclosure is missing. What fails in the second group is position and wording: the same words moved to the front, or spelled out, would pass.
Do and don't
- Do put the disclosure in the first line, before the opinion, so it survives the fold and the "more" cut.
- Do say what you got: "free", "paid", "sponsored", or the brand's name with "partner". A reader should be able to judge the connection.
- Do speak it and show it in video, and repeat it in a live stream.
- Do keep it in every post about the product, not only the first one.
- Don't hide it in a block of hashtags or after a line of links.
- Don't rely on the platform's paid partnership label alone.
- Don't describe an experience you have not had, praise a product you disliked because you were paid, or make a claim that would need proof the advertiser does not have.
- Don't post, buy or trade reviews written to order. Since October 21, 2024 the FTC's rule on consumer reviews and testimonials bans fake reviews, including AI-generated ones, reviews bought with a required sentiment, undisclosed insider reviews and fake follower counts, with civil penalties for knowing violations.
Who is responsible
Both sides. The Guides apply to advertisers and endorsers, and Disclosures 101 says it is the influencer's responsibility to make the disclosures, know the Guides and comply with laws against deceptive advertising, without relying on others to do it. The FTC's FAQ says its enforcement focus is usually on advertisers and their agencies, but that action against an endorser can be appropriate, for example when the endorser keeps omitting disclosures after warnings. A hired influencer's post is a testimonial, not a consumer review, so the 2024 review rule covers it through its section on fake testimonials while the disclosure duty itself comes from the Endorsement Guides.
Fitting the disclosure into the post
The Post Character Counter counts a caption against each platform's limit as you type, so you can see that the opening "#ad" or "Sponsored by" line fits and that the platform will not cut it off where previews are truncated. The Hashtag Formatter turns your topic words into a clean hashtag block without duplicates or stray symbols; keep #ad out of that block, write it as the first line of the caption, and paste the formatted tags underneath. If a brand pays by results, the Engagement Rate Calculator gives you the rate from likes, comments and followers, and the Earnings Calculator for YouTube estimates ad revenue from views, which is a different income from sponsorships and needs no disclosure of its own.
This page is general information based on the FTC sources below; it is not legal advice.
Frequently asked questions
Do I have to say #ad if I only got a free product?
Yes. The FTC counts any material connection, and its Disclosures 101 says to disclose if you got anything of value to mention a product, including free or discounted products or other perks. That applies even when the brand did not ask for the post and even when you believe your review is unbiased.
Is a disclosure in my bio or About page enough?
No. The FTC says people are likely to miss a disclosure that appears only on an About Me or profile page, at the end of a post or video, or anywhere they would have to click More to see. The disclosure belongs with the endorsement itself, every time.
Is Instagram's paid partnership label enough on its own?
Do not count on it. The FTC says not to assume a platform's disclosure tool is sufficient and recommends using it in addition to your own good disclosure. Its FAQ adds that the responsibility rests with the influencer and the brand, not the platform.
Which words work and which do not?
Simple and clear words work: "ad", "advertisement", "sponsored", or "Thanks to Acme for the free product". The FTC says not to use "sp", "spon" or "collab", a stand-alone "thanks" or "ambassador", or other shorthand, and to write the disclosure in the same language as the post.
Can I review a product I have not used, or praise one I disliked, if I am paid?
No on both counts. Disclosures 101 says you cannot talk about your experience with a product you have not tried, and that if you were paid to promote a product you thought was terrible you cannot say it is terrific. You also cannot make claims that would need proof the advertiser does not have.
What changed in 2023 and 2024?
In July 2023 the FTC published revised Endorsement Guides in 16 CFR Part 255 with a definition of clear and conspicuous and new examples, including an influencer who receives a free lathe. In August 2024 it announced a separate rule, 16 CFR Part 465, that bans fake reviews and testimonials and lets courts impose civil penalties for knowing violations; it took effect on October 21, 2024.
Sources
- FTC, Disclosures 101 for Social Media Influencers (disclose any financial, employment, personal or family relationship and anything of value including free or discounted products; tags, likes and pins can be endorsements; place the disclosure with the endorsement, not only on a profile page or behind More; not in a group of hashtags; superimposed on pictures; in the video itself, audio and visual; repeated in live streams; simple words like ad, advertisement, sponsored; not sp, spon, collab or a bare thanks; same language; do not rely on a platform tool alone; no claims about products you have not tried)
- FTC, The FTC's Endorsement Guides: What People Are Asking (the Guides were revised in 2023; starting a post with Ad:, Paid ad, #ad or Advertisement would likely be effective; a disclosure at the end of a long post or mixed with hashtags is easier to miss; a platform feature is no guarantee of an effective disclosure, the responsibility rests with the influencer and the brand; endorsements must reflect honest opinions)
- 16 CFR 255.0, Definitions, via Cornell LII (clear and conspicuous means difficult to miss and easily understandable; visual claims need a visual disclosure, audible claims an audible one; in interactive media the disclosure should be unavoidable and not contradicted by anything else; tags in social media posts can be endorsements)
- 16 CFR 255.5, Disclosure of material connections, via Cornell LII (a connection that might affect the weight of the endorsement must be disclosed clearly and conspicuously; it includes payment and free or discounted products whether or not an endorsement is required; Example 7, the free lathe)
- FTC, Federal Register notice of July 26, 2023, 16 CFR Part 255, Guides Concerning the Use of Endorsements and Testimonials in Advertising (the 2023 revision)
- FTC press release of August 14, 2024, final rule banning fake reviews and testimonials (fake or AI-generated reviews, buying reviews with a required sentiment, undisclosed insider reviews, company-controlled review sites, review suppression, fake followers; civil penalties for knowing violators)
- FTC, The Consumer Reviews and Testimonials Rule: Questions and Answers (16 CFR Part 465 went into effect on October 21, 2024; a hired influencer's post is a testimonial under section 465.2; courts may impose civil penalties for knowing violations)