US Influencer Disclosure Checklist: FTC Compliance Guide
As a creator, you are responsible for making your relationship with a brand obvious to your followers. In the US, the standard is simple: a "material connection" must be disclosed clearly and conspicuously.
1. When to Disclose
[ ] The "Anything of Value" Rule – Have you received money, free products, travel perks, or discounts? (If yes, you must disclose).
[ ] Unsolicited Mentions – If a brand gave you a freebie last month and you are mentioning it today, even if they didn't ask you to, are you still disclosing the relationship?
[ ] Personal Connections – Is the brand owned by a family member or your employer? (These relationships must also be made public).
[ ] Engagement as Endorsement – Are you tagging, liking, or pinning a product to show your support? (The FTC considers these forms of endorsement).
[ ] The Global Reach Test – If you are posting from abroad but your content reaches US consumers, are you following US law?
2. How to Disclose (Visibility & Placement)
[ ] The "Hard to Miss" Test – Is the disclosure placed right with the endorsement message? (Disclosures hidden in "About Me" pages or at the very bottom of a long post are insufficient).
[ ] No "Click More" – Is the disclosure visible without the user having to click "more" or scroll down?
[ ] Superimposed Text – On Instagram Stories or Snapchat, is the disclosure overlaying the image/video with enough time for viewers to read it?
[ ] Audio & Video Sync – In video content, is the disclosure included in the video itself (both audio and visual) and not just buried in the description box?
[ ] Live Stream Repeats – If you are live streaming, are you repeating the disclosure periodically so new viewers are informed?
[ ] Hashtag Clarity – Are you avoiding a "hashtag cloud"? (The disclosure should not be mixed into a group of other links or hashtags).
3. Language & Terminology
[ ] Clear Language – Are you using simple terms like Ad, Advertisement, or Sponsored?
[ ] Ambassador Status – If space is limited (like on X), are you using clear identifiers like [Brand]Partner or [Brand]Ambassador?
[ ] Avoiding Shorthand – Have you removed vague terms like "sp", "spon", or "collab"? (The FTC explicitly advises against these).
[ ] Native Language – Is your disclosure in the same language as your endorsement?
[ ] Tool Supplementation – If using a platform’s built-in disclosure tool, have you also included your own written disclosure to ensure total transparency?
4. Content Integrity (What You Say)
[ ] The Trial Rule – Have you actually tried the product? (You cannot talk about your experience with a product you haven't used).
[ ] Honest Opinion – If you thought the product was terrible, are you avoiding saying it was terrific? (You cannot make deceptive claims even if you are being paid).
[ ] Fact-Based Claims – Are you avoiding scientific or health claims that the advertiser cannot prove (e.g., "this tea cures anxiety")?
The LegalLens Verdict
In the US, the FTC doesn't care if you think your evaluation is unbiased: if there is a relationship, there must be a disclosure. Don't rely on the brand or an agency to do it for you; the responsibility sits with you.
Are your US campaigns fully compliant?
Disclaimer
The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether express or implied, is given in relation to such materials. LegalLens shall not be liable for any technical, editorial, typographical, or other errors or omissions within the information provided, nor shall we be responsible for the content of any web images or information linked to this website. Influencer marketing laws and ASA regulations in 2026 are complex; using this checklist does not create a lawyer–client relationship. We strongly recommend seeking professional legal counsel to ensure your specific agreements are fully compliant with current laws.