How to disclose sponsored posts

Disclosing a sponsored post is a legal duty in the US, the UK, and the EU, and it is the cheapest part of any brand deal to get right. This guide covers the US rules first, then the platform tools, then the UK and EU basics. It is general information, not legal advice.

What does the FTC require when you post sponsored content?

The FTC requires you to disclose any material connection with a brand clearly and conspicuously whenever you endorse its product. The rules sit in the FTC's Endorsement Guides, 16 CFR Part 255, which the FTC revised and published in the Federal Register on July 26, 2023. The Guides explain how the FTC applies section 5 of the FTC Act, which bans unfair or deceptive practices.

The 2023 version defines "clearly and conspicuously" in 16 CFR 255.0. A disclosure must be "difficult to miss" and "easily understandable by ordinary consumers." On social media, it "should be unavoidable." A disclosure made both visually and out loud is more likely to pass.

The FTC also expects your endorsement to be honest. Section 255.1 says that when an ad represents that the endorser uses a product, the endorser must have been a real user of it at the time. Never claim personal experience you do not have. The FTC's Disclosures 101 guide says that if you are paid to talk about a product you thought was terrible, you cannot call it terrific.

What counts as a material connection?

A material connection is any relationship with a brand that your audience would not expect and that could affect how much they trust your post. Section 255.5 says it can be a business, family, or personal relationship. Payment counts whether or not the brand required a post.

Under the Guides and the FTC's FAQ, these all count:

• Cash for a post, video, or story
• Free or discounted products, including products unrelated to the one you post about
• A commission on sales through an affiliate link or promo code
• Points, prizes, or perks such as early access, given for posting
• Working for the brand, or a family member owning it
• A free trip, hotel stay, or other service from the brand

Tagging the brand is not a disclosure. The FAQ says "tagging a brand is an endorsement," but it does not tell people you have a connection to the brand.

Which disclosure words work, and which do not?

The safest disclosure is the word "Ad" at the very start of the post, because US and UK regulators both accept it. The FTC's Disclosures 101 also accepts "advertisement," "sponsored," and plain sentences such as "Thanks to Acme brand for the free product." The UK's ASA is stricter and advises against "sponsored" and "gifted."

Wording	FTC, US	ASA, UK
Ad, #ad, Advertisement	Works	Works
Sponsored, #sponsored	Works	Advises against
"Thanks to Acme for the free product"	Works if that is all you got	Advises against
AcmePartner, Acme Ambassador	Works where space is limited	Advises against
Gifted, #gifted	Not listed	Advises against
sp, spon, collab	Too vague	Advises against
Thanks or ambassador on their own	Too vague	Advises against
Disclosure only in your bio	Not enough	Not enough

Our advice is to skip the debate. Write "Ad" first and add detail after it, such as "Ad: Acme paid me to try this." For affiliate links, the FAQ gives the example "I get commissions for purchases made through links in this post" and says "affiliate link" alone is not enough.

Where should the disclosure go in a post, video, or live stream?

The disclosure should go where people see it before anything else: at the start of the caption, on screen in the video, and out loud. The FTC's Disclosures 101 says people are likely to miss disclosures that sit only on a profile page, at the end of a post, or behind a "more" link. It also says not to bury the disclosure in a group of hashtags.

Each format has its own rule:

• In captions, start with "Ad." The FTC's FAQ says a disclosure in the middle or at the end of a post is easier to miss.
• In video, put the disclosure in the video itself, not only in the description. Say it out loud and show it on screen.
• In Stories and photos, superimpose the disclosure over the image and leave it up long enough to read.
• In live streams, repeat the disclosure through the stream, because viewers join at different times.
• In every format, use the same language as the post.

How do Instagram, TikTok, and YouTube disclosure tools work?

Instagram, TikTok, and YouTube each have a built-in disclosure tool, and each platform requires you to use it for paid content. Turn the tool on every time, then add your own "Ad." The FTC's Guides give an example in 255.0 where an influencer relies only on a platform's built-in label, shown in small white text on a light image for five seconds, and the FTC calls it "easy to miss."

Platform	Tool	Where to find it	What it does
Instagram	Paid partnership label	Partnership label & ads, when you create a post in the mobile app	Shows "Paid partnership with" and the brand name
TikTok	Content disclosure setting	Content disclosure and ads, on the post screen	Adds a "Paid partnership" label for third-party brands
YouTube	Paid promotion box	YouTube Studio video details	Adds a disclosure label at the start of the video

Instagram

Instagram's help center says its branded content policies require the paid partnership label on organic branded content. It works on Feed, Stories, Reels, Live, broadcast channels, and videos, but only in the mobile app. The brand has to approve your tag, and until it does, the label shows without the brand's name. Our Instagram creator marketplace review covers Instagram's own deal tool.

TikTok

TikTok's help article says you must turn on the content disclosure setting when a post promotes a brand, product, or service. Choose "Your brand" for your own business or "Branded content" for a partner. Posts without proper disclosure may be removed or restricted. TikTok adds that posts from TikTok One projects are set up automatically when posted to a Business Account.

YouTube

YouTube's help page says you have to tell YouTube about sponsorships, endorsements, or other commercial relationships by ticking the paid promotion option in your video details. The page says you and your partners stay responsible for following the law. The rule covers any branded content, including deals made through YouTube Creator Partnerships, formerly BrandConnect.

Who is responsible if a sponsored post is not disclosed?

The brand and the creator both carry responsibility for a sponsored post that is not disclosed, though the FTC usually goes after the brand first. Section 255.1 says advertisers are liable for misleading endorsements and should guide and monitor their endorsers. The FTC's FAQ says its enforcement focus "usually will be on advertisers." It also says action against an individual endorser may be appropriate when that person keeps failing to disclose after warnings.

Put the agreed disclosure in your contract, so no one can ask you to drop it later. Our contract checklist has sample wording.

One more US rule matters to creators who sell their reach. The FTC's rule on reviews and testimonials, in force since October 2024, makes it illegal under 16 CFR 465.8 to buy fake followers or other fake indicators of social media influence when you know, or should know, that they are fake, and when they materially misrepresent your influence or importance for a commercial purpose. Do not pad your numbers before you pitch. Our media kit guide covers which numbers to show instead.

What are the disclosure rules in the UK and EU?

UK creators must make ads obviously identifiable as ads, under the CAP Code enforced by the ASA and the consumer protection law enforced by the CMA. The joint ASA and CMA influencers' guide, third edition from March 2023, sets out the practical rules. The CMA's case page lists its own guidance for content creators and brands.

The UK guide differs from the FTC in a few places:

• It recommends the labels "Ad," "Advert," "Advertising," "Advertisement," or "Advertisement feature," placed upfront.
• Free products count as payment even if you did not ask for them and had no duty to post.
• You should keep disclosing during any ongoing relationship and in relevant content for 12 months after it ends.
• Instagram's paid partnership label may be enough if it is upfront and clear, but the guide says to add "Ad" if there is any doubt.
• The ASA can list non-compliant influencers on its website and run ads warning their followers.

The ASA's page says it will update the guide for the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024, and that the current advice "remains broadly correct."

EU rules start from EU consumer law, which every member state applies. The European Commission's Influencer Legal Hub says creators who advertise or sell regularly count as "traders" in the eyes of EU law. It says brand partnerships, content made in exchange for products, and affiliate marketing must all be disclosed. Many countries add their own rules, and YouTube's help page points creators to regulators such as France's DGCCRF and Germany's Medienanstalten.

If your audience spans several countries, follow the strictest rule. In practice that means "Ad" at the start, the platform tool switched on, and a spoken disclosure in every video.