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Influencers and brands should treat payments, gifts, discounts, affiliate commissions and other meaningful connections as potential advertising disclosures—not assume that only a paid sponsorship counts. They also need truthful endorsements, support for advertising claims and a plan for correcting posts that are labelled incorrectly. The details depend on the audience, the creator’s and brand’s locations, the product and the content format. The US and UK guidance below offers practical examples, not a universal legal checklist.
When does a brand relationship need to be disclosed?
Under the US Federal Trade Commission’s (FTC) influencer guidance, a connection can matter when a creator endorses a brand. That can include payment, employment, family or personal ties, free or discounted products, and other perks. A creator should not assume followers already know about the connection. Even a tag, like or pin can communicate an endorsement.
UK guidance likewise treats incentives and certain personal or commercial connections as relevant to whether content is advertising. The UK government’s creator guidance says incentivized posts about gifts should be clearly identifiable as advertising, even if the creator had no obligation to post. ASA/CAP guidance also addresses unsolicited incentives.
For example, if a creator posts about a product sent free by a company, the key question is not whether the company demanded a post. The creator should consider whether the relationship needs to be disclosed under the rules that apply to the audience and content. An affiliate commission is another material connection; see the UK-specific treatment below.
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How should a disclosure appear?
US: make it clear and hard to miss
The FTC says to place a disclosure with the endorsement, where people are likely to notice and understand it. A disclosure buried at the end of a caption, after a “more” break, inside a cluster of hashtags or only in a profile bio may not be effective. Use plain language such as “ad,” “sponsored,” or a clear statement that the product was provided free. The FTC cautions that a platform’s disclosure tool may not be enough by itself.
- Stories and images: Put the disclosure on the image and leave it visible long enough to read.
- Video: Include the disclosure in the video, not only in its description. On-screen text and spoken disclosure help viewers who watch with or without sound.
- Livestreams: Repeat the disclosure periodically so viewers who join later see or hear it.
The FTC’s Disclosures 101 for Social Media Influencers puts the responsibility directly on the creator: “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.”
UK: identify advertising in context
UK government guidance says advertising in podcasts and videos should be disclosed at the beginning of the ad. The precise presentation still depends on the format and applicable rules; the cited guidance does not establish one wording or placement for every situation. A label should make the commercial nature of the content clear to its audience.
US and UK guidance at a glance
This comparison describes the cited FTC and UK materials, not a complete conflict-of-laws analysis. Which rules apply can depend on where the audience, creator and brand are located, as well as the product and format.
| Question | US example: FTC guidance | UK examples: ASA/CAP, CMA and government guidance |
|---|---|---|
| What relationship may matter? | Financial, employment, personal or family relationships, gifts, discounts and other perks may be material when a creator endorses a brand. | Payment or other incentives—including unsolicited incentives—and certain personal or commercial connections can make content advertising. |
| Where and how should disclosure appear? | With the endorsement and easy to notice and understand; a bio or platform tool alone may not suffice. Video, image and livestream formats need attention to how people actually see or hear the content. | Content should be clearly identifiable as advertising. Government guidance says podcast and video ads should be identified at the beginning of the ad. |
| How are affiliate links and codes treated? | The FTC influencer guide addresses disclosure of material connections. The cited FTC materials do not establish a separate affiliate rule for this comparison. | ASA/CAP advice treats content referring to a product as advertising when an affiliate link or code earns commission based on interest generated. |
| Who may have responsibility? | The FTC’s 2023 Endorsement Guides address possible liability of advertisers, endorsers and intermediaries; the guides express the FTC’s view of practices that may violate the FTC Act. | CMA guidance advises brands to explain disclosure duties and act on incorrectly labelled content. ASA says it typically considers the brand at least jointly responsible when assessing affiliate marketing. |
What must an endorsement and its claims get right?
A creator should describe genuine experience: do not say you tried a product if you did not, or praise it if your experience was negative. Brands and creators should also avoid claims that lack adequate support, including claims that a product treats a health condition when the advertiser cannot substantiate that statement.
The FTC’s advertising guidance says claims “must be truthful, cannot be deceptive or unfair, and must be evidence-based.” Specialized products or services may have additional rules, so the general principle is not a substitute for category-specific advice.
The FTC revised its Endorsement Guides in 2023. Its announcement discusses incentivized and employee reviews, fake negative reviews, distorted presentation of reviews, virtual influencers, tags and potential liability for advertisers, endorsers and intermediaries. The guides express the FTC’s view of practices that may violate the FTC Act; they are guidance, not a claim that every example is itself a separate statute.
For context, the FTC reported that its 2017 educational outreach included “more than 90 letters” to influencers and marketers about disclosure. That is a historical count for that education effort, not a measure of current violations or enforcement.
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In the cited UK ASA/CAP advice, an affiliate link or code means the creator earns commission based on interest generated in a product. Content referring to that product counts as advertising under that advice, so the commercial nature should be made clear to the audience.
ASA says it typically considers the brand at least jointly responsible when assessing affiliate marketing content, even if the brand says it did not know about or control the specific content. This is the UK position described in that advice; do not assume it applies automatically in another country.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What should a campaign agreement cover?
A written arrangement can make responsibilities concrete. CMA guidance recommends that brands work with creators to ensure they understand disclosure obligations, whether the arrangement is formal or informal. For gifts, it advises brands to give clear instructions that any resulting post be labelled as an ad, even when no post was requested. If a business learns that content about its brand was labelled incorrectly, the CMA says it should take action rather than ignore it.
Beyond recording who is responsible for disclosures, a campaign agreement can address practical points such as:
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- Payment, gifts, discounts, commissions or other benefits, and the required disclosure.
- How claims will be substantiated and how any review or approval process works.
- Usage rights, exclusivity, cancellation and what happens if a post needs correction.
These are drafting topics, not a universal set of legally required clauses. Get jurisdiction-specific legal advice for a high-value or cross-border campaign, regulated product promotion, licensed paid-media use or advertising that uses a creator’s identity.
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What other legal issues should creators and brands assess?
Advertising disclosures are only part of the legal picture. Copyright ownership and music licensing, privacy and data protection, taxes, defamation, employment classification, child performers and regulated product rules may also matter. The details are jurisdiction- and fact-specific; the US and UK materials discussed here do not establish those rules. Identify which issues apply and consult counsel rather than assuming that an influencer contract or an ad label resolves them.
How current is the cited UK guidance?
The ASA/CAP influencer guide was published on 23 March 2023. Its page says the Digital Markets, Competition and Consumers Act 2024 changed the legal underpinning of unfair commercial practices, that the guide would be updated in due course, and that its advice remains broadly correct with some changes to the legal underpinning.
A separate ASA AdviceOnline entry on recognizing influencer ads was updated 6 August 2026. It describes itself as CAP Executive advice, not legal advice, and says it is not binding on the ASA. These dates and qualifications matter: the older guide should not be presented as a complete statement of every current UK statutory provision.
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