FTC Influencer Disclosure Rules: What Brands Need to Know in 2026

What do the FTC influencer rules actually say?

The core idea is simple: if there’s a connection between a creator and a brand that viewers wouldn’t expect, and it could affect how they weigh the recommendation, the creator has to disclose it.

The main pieces of guidance:

The 2023 update tightened a few things. Disclosures must be “difficult to miss” and easy for ordinary people to understand, and on social media they should be unavoidable, which means not hidden behind a “more” link. The FTC also said platforms’ built-in disclosure tools may not be enough on their own, and that brands can be liable for misleading endorsements even when the creator isn’t. (Perkins Coie)

Translating federal guidance into a one-line instruction a creator will actually follow is most of the work. INFLUENCE writes disclosure requirements into every brief in plain language, so creators know exactly what to do.

What counts as a “material connection”?

More than most people think. It isn’t just cash.

The test is whether viewers would think differently about the post if they knew about the relationship. If the answer’s “probably,” disclose it.

Gifting programs are where disclosure most often slips, because nobody feels like it’s an “ad.” INFLUENCE treats every gifted, paid or commission-based post the same way: disclosed, every time.

How should creators disclose on each platform?

Clearly, early and in words people understand. “#ad,” “#sponsored,” “Paid partnership with [brand],” “Thanks to [brand] for the free product” and “I earn a commission on this link” all work. Vague tags like “#sp,” “#collab,” “#partner” or “#thanks” don’t.

The FTC has also warned about disclosures people can’t see or understand. In November 2023, it sent warning letters to two food and beverage trade groups and a dozen influencers, including registered dietitians, over posts about aspartame and sugar. Some posts had no disclosure; others only disclosed in the caption, not in the video, and one used “ameribev,” which the FTC said viewers may not understand. (KSAT/Associated Press)

Checking disclosure on every platform’s version of a post is tedious but important. INFLUENCE reviews each draft for disclosure before it goes live, across Instagram, TikTok and YouTube Shorts.

What are brands responsible for?

Brands can’t just hand off disclosure to creators and hope. The FTC’s guidance says advertisers should:

1. Tell creators how to disclose, in writing, before they post.

2. Monitor what creators actually publish.

3. Act when a post isn’t disclosed properly, by asking for a fix or removing it from your own channels.

4. Make sure claims are truthful and backed up. If a creator says your supplement “cures” something, that’s your problem too.

5. Not ask creators to say they’ve used a product they haven’t.

6. Take extra care with content aimed at kids.

Doing those things doesn’t guarantee you’ll never face enforcement, but the FTC says a good-faith program of guidance and monitoring reduces the odds. (Perkins Coie)

Monitoring dozens of posts is where good intentions fall apart. On every INFLUENCE campaign, drafts are approved before they post and disclosure is part of the checklist, so you’re not relying on spot checks.

What happens if influencers don’t disclose?

Most first problems end with a warning letter, but the costs can get real, and the reputational hit can be worse.

Some markers worth knowing:

• Warner Bros. (2016): paid YouTube videos promoting Middle-earth: Shadow of Mordor weren’t properly disclosed, and Warner Bros. ended up in a settlement with the FTC. It’s still one of the clearest examples of a brand being held responsible for creators’ posts. (Game Informer)

• Warning letters (2023): the FTC told the two trade groups that violations could cost them up to $50,120 per violation, the maximum at the time.

• Civil penalties: the FTC’s maximum penalty for violating its rules rose to $53,088 per violation in January 2025, after inflation adjustment. (FTC) That applies to rule violations, like the 2024 rule on fake reviews and fake social media indicators.

The reputational side matters just as much. A creator getting called out in their comments for a hidden ad can sink a campaign faster than any letter.

Fixing disclosure after a campaign is far harder than getting it right before. INFLUENCE builds it in from the brief to the final check, so it’s not an afterthought.

What are the most common disclosure mistakes?

A quick checklist of what to avoid:

• Hiding #ad in a long list of hashtags or below the “more” cutoff.

• Using vague tags like #sp, #spon, #collab, #partner or #ambassador alone.

• Relying only on the platform’s label, with nothing in the caption or video.

• Disclosing only in the bio (“I work with brands I love”).

• Disclosing in the caption but not the video, when most people watch with the caption collapsed.

• Saying “thanks @brand” without saying the product was free or the post was paid.

• Forgetting gifted products because “nobody paid me.”

• Only disclosing once in a long video or livestream.

For more on how clear disclosure can actually make content feel more natural, not less, see how to make sponsored posts look natural.

Keeping 40 creators consistent is a lot easier with one rule and one review step. That’s exactly how disclosure works on campaigns INFLUENCE runs. For vetting creators’ past disclosure habits before you book them, see how to vet an influencer.

The FTC’s influencer rules boil down to this: if there’s a connection, disclose it clearly and early, in words people understand, on every post. Brands share the responsibility, so tell creators how, check what they publish and fix problems fast. Keep records, keep claims honest and treat gifted posts like paid ones. Every INFLUENCE campaign works this way, so disclosure isn’t one more thing for you to chase. (And again, for anything specific to your business, talk to a lawyer.)

If there’s a connection, say so, clearly and early.