US Brand Compliance Checklist: FTC Endorsement Standards
Under US law, brands are responsible for the "deceptive" acts of their influencers. If your partners fail to disclose, the FTC views it as your failure to monitor. Use this checklist to ensure your brand is not the target of a consumer protection investigation.
1. Management & Oversight Protocols
[ ] The "Reasonable Effort" Mandate – Do you have a documented system for instructing influencers on how to disclose their relationship with you?
[ ] Active Monitoring Program – Do you regularly monitor your influencers’ posts to ensure they are following FTC rules? (Ignorance of a partner’s post is not a legal defence).
[ ] The Correction Workflow – Do you have a clear process to follow when an influencer misses a disclosure? (e.g. immediate request to edit, followed by a formal warning for repeat offenders).
[ ] Agency Transparency – If using an influencer agency, have you reviewed their internal compliance training to ensure it meets 2026 FTC standards?
2. Disclosure Placement & Visibility (The "Hard to Miss" Rule)
[ ] The "Above the Fold" Requirement – Do your briefs strictly prohibit placing disclosures behind a 'more' link or at the bottom of a long caption?
[ ] Synchronised Video Disclosures – For video campaigns, do you require the disclosure to be both audible and visible on the screen simultaneously?
[ ] Platform Tool Assessment – Have you instructed influencers to use manual disclosures (e.g. #Ad) in addition to platform–specific "Paid Partnership" tags? (The FTC often deems platform tools alone to be insufficient).
[ ] Engagement Monitoring – Are you ensuring that "tags" and "likes" made by your incentivised partners are also clearly identifiable as endorsements?
3. Content Authenticity & Verification
[ ] The Experience Check – Does your contract require the influencer to have actually used the product before posting?
[ ] Honesty Warranties – Do you explicitly allow influencers to provide their honest feedback, even if it’s not 100% positive? (The FTC prohibits "scripting" an influencer to lie about their experience).
[ ] Substantiation of Claims – Have you ensured your influencers are not making "health" or "scientific" claims about your product that you cannot prove yourself?
4. Managing "Material Connections"
[ ] The Gifting Audit – Are you tracking every "unsolicited" gift sent to influencers? (The FTC requires disclosure if a post results from a free gift, even if no post was formally requested).
[ ] Employee & Family Disclosures – Do your internal staff policies require employees to disclose their employment if they post about your brand products?
[ ] Incentivised Reviews – If you use "reviewers" on your website who received free products, are those reviews clearly labelled as "incentivised"?
The LegalLens Verdict
The FTC’s primary focus is on the "net impression" of the consumer. If an average consumer might be misled into thinking a post is organic when it is actually incentivised, the brand is at risk.
Is your brand's influencer strategy FTC–proof?
DisclaimerThe information provided in this checklist is for general informational and educational purposes only and does not constitute legal advice. While this guide reflects current regulatory standards as of early 2026, the law in this area is subject to frequent change and differing interpretations. Using this checklist does not create a lawyer–client relationship between you and LegalLens. We strongly recommend that you seek professional legal advice tailored to your specific campaign, jurisdiction, and brand requirements before finalising your influencer agreements.