Influencer Law

Key Highlights

• What influencers need to know about FTC rules
• How to disclose sponsored content correctly
• Common mistakes and how to avoid them
• Who the FTC guidelines apply to (spoiler: everyone with a following)
• When to talk to an influencer lawyer

The FTC has made it clear: if you’re getting paid, gifted, or compensated in any way to promote a product or brand, you must disclose it. Whether you’re sharing affiliate links, posting unboxing videos, or tagging a brand on Instagram, these actions may be subject to regulation under the FTC guidelines for influencers.

At The Social Media Law Firm, we help influencers, content creators, and marketing teams understand and comply with FTC regulations. Here’s what you need to know to avoid penalties and keep your brand partnerships on the right side of the law.

What Are the FTC Guidelines for Influencers?

The FTC (Federal Trade Commission) enforces truth-in-advertising laws in the U.S. Their influencer guidelines require that any “material connection” between an influencer and a brand be clearly and conspicuously disclosed to the audience.

A material connection includes:

• Payment (flat fee or per post)
• Free products or experiences
• Discounts or affiliate commissions
• Employment or personal relationships with the brand

These connections must be disclosed every time a product or service is endorsed, no matter the platform—Instagram, YouTube, TikTok, blogs, or livestreams.

How to Make a Proper Disclosure

The FTC requires disclosures to be:

• Clear: Avoid ambiguous terms like “Thanks [Brand]” or “#sp.” Instead, say “#ad,” “Sponsored by [Brand],” or “Paid partnership with [Brand].”
• Conspicuous: Don’t hide your disclosure in a sea of hashtags or below the fold. Viewers should see the disclosure without having to click, scroll, or guess.
• In plain language: Don’t use legalese or vague wording. The average follower should immediately understand that it’s a paid post.

Good examples include:

• “I partnered with [Brand] to bring you this skincare review.”
• “#Sponsored — I love working with [Brand]!”
• “As an affiliate, I may earn commissions from purchases made through this link.”

Where Do I Need to Disclose?

Short answer: everywhere the endorsement appears. That means:

• In your Instagram caption (not just in your profile or Stories)
• In the description of your YouTube video, and spoken aloud during the video
• In TikTok captions and ideally said on camera
• In blog posts, at the top of the article—not just at the bottom
• In livestreams, both in chat and stated verbally

If the post is temporary (like Stories), make sure the disclosure is visible in each segment.

Common Mistakes Influencers Make

Even well-meaning creators can slip up. Some of the most common FTC violations include:

• Hiding disclosures in “Read more” sections or long caption blocks
• Using vague hashtags like #partner or #ambassador without context
• Not disclosing at all because a product was “just gifted”
• Assuming a one-time disclosure in your bio covers everything (it doesn’t)

To stay compliant, every endorsement needs a specific, timely, and visible disclosure. Don’t rely on platform tools alone—your captions still need to do the heavy lifting.

Does This Apply to Micro-Influencers and Affiliates?

Yes. The FTC guidelines apply to anyone with an audience, regardless of size. If you’re earning income (or even just receiving free stuff) and posting about it, you’re expected to follow disclosure rules. That includes affiliate links, discount codes, and brand ambassadorships.

Even if your reach is small, your legal obligations are the same. Transparency builds trust—and it’s the law.

Why This Matters to Your Brand and Career

Violating FTC rules can lead to:

• Public warnings or fines
• Broken brand relationships
• Loss of trust from your audience
• Platform-level penalties if your content is flagged

On the flip side, being compliant can enhance your reputation. Brands want to work with influencers who follow the rules and protect their own audiences.

Ready to Protect Your Influencer Career?

Whether you’re negotiating brand deals or launching affiliate partnerships, legal compliance is part of the job. A clear understanding of the FTC guidelines for influencers will keep you focused on content—not unnecessary legal risks.

Need help drafting your disclosures or contracts? Contact The Social Media Law Firm and schedule a consult with our experienced influencer attorney to make sure your content is legally sound.

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FAQs About FTC Influencer Guidelines

What counts as a material connection under FTC rules?

A material connection is any relationship between an influencer and a brand that could affect how people view the endorsement. This includes payments, free products, affiliate commissions, employment, or close relationships. If a connection exists, it must be disclosed.

Can I just use #ad to stay compliant?

#Ad is a good start—but context matters. Place the tag early in the caption, and pair it with clear language. The FTC wants followers to know immediately that a post is sponsored, not after three scrolls or hidden in a list of hashtags.

Do I need to disclose affiliate links?

Yes. If you earn a commission from a link, the FTC requires disclosure. Phrases like “I may earn a small commission from purchases” are acceptable if placed clearly near the link.

Do FTC rules apply on all platforms?

Absolutely. Whether you’re on Instagram, TikTok, YouTube, or a podcast, if you’re endorsing a product or service and have a material connection, disclosure is required. There are no platform exceptions.

What happens if I don’t follow the guidelines?

You could face FTC action, which may include fines or public notices. Brands may also stop working with you, and your followers may lose trust. It’s always safer—and smarter—to disclose.

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