| Who is responsible | Both the brand and the creator are responsible for making sure content is disclosed. The CMA expects brands to check content that refers to them and not to ignore posts that are not labelled. | Advertisers can be liable for failing to disclose unexpected material connections with their endorsers, even when the endorser is not. Agencies and other intermediaries can be liable too (16 CFR 255.1(d) and (f)). |
| What counts as a connection | Any payment or incentive, including free products, even when there is no obligation to post; and being an owner, employee or shareholder, or having another commercial or personal interest. | A business, family or personal relationship, payment, free or discounted products, early access or the chance to win a prize, whether or not an endorsement is required (16 CFR 255.5(a)). |
| Words to use | Say what it is: “Ad” or “Advert”. Avoid “Gifted”, “Sponsored”, “Spon”, “Collab”, “Aff”, “In partnership with” or just tagging the brand. | Simple, clear words such as “Advertisement”, “Ad” or “Sponsored”. Avoid vague terms such as “sp”, “spon” or “collab”. |
| Where the label goes | Clear, prominent and upfront: at the very start, not buried in hashtags, behind “more” or part-way through a video. Label each story in a series. | Difficult to miss and easy to understand; on social media it should be unavoidable (16 CFR 255.0(f)). Not only on a profile page or behind a “more” link (16 CFR 255.0, example 9). |
| Video and live | Wherever people look first, such as the title or thumbnail. Each format (a story, a post, a reel) needs its own label. | In the video itself, not just the description, and repeated during live streams. In both the picture and the sound when the claim is made in both (16 CFR 255.0(f)). |
| Platform labelling 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 disclosure tool is good enough. A built-in label that is easy to miss is not clear and conspicuous (16 CFR 255.0, example 9). |
| Employees and tags | An employee or owner posting about the brand has a connection to disclose. Tagging the brand is not a label. | Employees promoting their employer’s products should disclose the connection, and the employer should train and monitor them (16 CFR 255.5, example 8). Tags in social media posts can be endorsements (16 CFR 255.0(b)). |
| What the brand should do | Put the labelling requirement in the contract or with gifted products, have a written policy for creators and agencies, check posts, and get unlabelled content corrected promptly. | Give endorsers guidance on disclosure, monitor what they post, and act to fix non-compliance (16 CFR 255.1(d)). |