FTC disclosure rules for influencer marketing: what brands must do in 2026

The core FTC requirement

The FTC requires that any material connection between a brand and a creator be clearly disclosed in any content where the creator endorses or promotes the brand's products. A material connection includes: payment, free products, discounts, family or employment relationships and any other relationship that could affect how the audience evaluates the endorsement.

The disclosure must be clear and conspicuous - meaning a reasonable viewer would notice and understand it without having to look for it. Hiding disclosure in a list of hashtags, using unclear language like "sp" or "collab" or disclosing only in a caption that gets cut off by a "more" button does not meet the standard.

What compliant disclosure looks like by format

Instagram Feed posts and Reels: #ad or "Paid partnership with [Brand]" must appear in the caption before the "more" cutoff. Using Instagram's native "Paid Partnership" label is acceptable but should be combined with disclosure in the caption for belt-and-suspenders compliance.

Instagram Stories: Text overlay stating "Ad" or "Paid Partnership" must be visible from the beginning of the Story and large enough to read without pausing. Audio disclosure alone is not sufficient.

TikTok videos: #ad must appear in the caption. For branded content use TikTok's native disclosure toggle in addition to caption disclosure. The disclosure should be on screen in the first 3 seconds as an overlay where possible.

YouTube videos: Verbal disclosure at the start of the video and written disclosure in the video description. Do not rely on YouTube's built-in disclosure checkbox alone - add verbal and written disclosure.

What brands are responsible for

The FTC holds both brands and creators responsible for disclosure. As the brand, you are responsible for: ensuring your brief specifies the required disclosure language, not telling creators to hide or minimise disclosure and reviewing content for compliance before approving it for posting.

In practice: include specific FTC disclosure requirements in every brief. Specify the exact language required (#ad in the caption before the line break). Include in your contract that failure to comply requires the creator to correct the post. Review submitted drafts for compliance as part of your approval process.

The new 2024 rule brands missed

The FTC's 2023 updates clarified that disclosure is required even when the creator is not paid but received free products worth more than a nominal amount. "Gifting" without payment does not exempt a creator or brand from disclosure requirements. If you send product for gifting with any expectation of coverage, include FTC disclosure requirements in your gifting brief.

The update also clarified that disclosure applies to AI-generated endorsements and to content in closed groups or private communities where the audience reasonably expects unbiased recommendations.