| Who is responsible | Both the brand and the creator. The CMA says brands should check content that refers to them, act when it is not labelled, and make sure agencies and other intermediaries understand the rules too. | Advertisers can be liable for failing to disclose a material connection with an endorser, even when the endorser is not liable. Agencies and other intermediaries can be liable for their part (16 CFR 255.1(d) and (f)). |
| Gifts and other benefits | Any incentive counts as payment, including free products, discounts, trips, loans and commission, even when nothing is asked in return. Send gifts with written instructions to label any post about them. | Free or discounted products count, whether or not the advertiser asks for a post, and so can early access or the chance to win a prize (16 CFR 255.5(a)). The FTC asks companies that send unsolicited products to ask for the gift to be disclosed. |
| Words to use | Say what it is: “Ad”, “Advert”, “Advertising” or “Advertisement”. | Simple, clear words such as “Ad”, “Advertisement” or “Sponsored”, in the same language as the endorsement. |
| Words to avoid | “Gifted”, “Sponsored”, “Spon”, “Collab”, “Aff”, “In association with”, “In partnership with”, “Thank you”, or just tagging or naming the brand. | Vague terms such as “sp”, “spon” or “collab”. |
| Where the label goes | Clear, prominent and upfront, so people know it is an ad as soon as they see it: not only in the bio, behind “more”, buried among hashtags or poorly contrasted with the background. | Difficult to miss and, on social media, unavoidable (16 CFR 255.0(f)); not only behind a link labelled “more” (16 CFR 255.0, example 9). |
| Video, stories and live | At the start of a video or podcast, not part-way through. Label each item in a carousel or each story in a series that promotes the brand; each format needs its own label. | In the video itself, on screen and spoken, not only in the description; on a story, long enough to read; repeated during live streams. |
| Platform tools | A tool such as Instagram’s Paid partnership label may be enough if it is upfront, clear and prominent; if not, add “Ad”. | Do not assume a platform’s tool is enough: the FTC suggests adding your own disclosure too. A built-in label that is easy to miss is not clear and conspicuous (16 CFR 255.0, example 9). |
| Claims | Creators should not say they have used a product they have not, or make claims they cannot support. | Endorsers and advertisers can both be liable for misleading or unsubstantiated claims in an endorsement (16 CFR 255.1(d) and (e)). |
| Younger audiences | Advertising to children needs enhanced disclosure and particular care with the content, such as not asking them directly to buy. | Endorsements aimed at children may be of special concern (16 CFR 255.6). The FTC notes that a disclosure that works for adults may not work for younger audiences. |
| After the campaign, and abroad | Creators are expected to disclose throughout the relationship and in relevant content for 12 months after it. | US law applies when it is reasonably foreseeable that a post will affect US consumers, even if the creator posts from abroad. |