The Federal Trade Commission updated its Endorsement Guides in 2023, tightening disclosure requirements for creators, influencers, and brands operating in influencer marketing. Enforcement activity has continued under the current commission, with multiple settlement actions, warning letters, and updated guidance documents.
Core disclosure principles. The FTC requires creators and brands to disclose material connections — anything of value provided in exchange for an endorsement. Disclosures must be clear, conspicuous, and proximate to the endorsement. The FTC's Disclosures 101 for Social Media Influencers provides operational guidance. Hashtags like #ad, #sponsored, or #partner are generally acceptable when clearly placed; #sp, #thanks, or #collab generally are not.
What changed in the 2023 update. The revised Endorsement Guides clarified liability for both brands and creators, platform responsibility for facilitating disclosure compliance, AI-generated endorsement scrutiny, and treatment of "real" user reviews with undisclosed material connections.
Recent enforcement patterns. The FTC has pursued enforcement across several categories — undisclosed sponsorships on Instagram and TikTok, fake reviews and incentivized review programs, influencer endorsements of investment products without risk disclosure, and supplement endorsements with health claim issues. Track current activity at the FTC press release page.
State-level activity adds complexity. California's AB 587 and similar state laws layer additional requirements. New York Attorney General activity on undisclosed endorsements has produced enforcement against various brands.
Platform-specific disclosure tools. Instagram's paid partnership label, TikTok's branded content disclosure, YouTube's paid promotion disclosure, and similar tools facilitate compliance. Use does not automatically satisfy FTC requirements but provides a presumption of compliance when applied correctly.
AI-generated content adds another layer. See our piece on AI-generated content disclosure platform-by-platform rules for the full breakdown.
The brand liability question. Brands face direct liability for creator non-compliance under the 2023 Guides, even when creators handle posting. Contracts should require compliance but do not eliminate brand liability for actual posting behavior.
Key takeaway
Creator marketing compliance now requires substantive program infrastructure; informal practices that worked in earlier years create meaningful risk under current enforcement posture.
Operational checklist
Written disclosure policy documented
Creator contracts require FTC Guides compliance
Pre-publication review for high-stakes campaigns
Disclosure language audit completed
Platform-specific tools used consistently
AI-generated content disclosure protocols established
Annual compliance training for marketing teams
What firms should do now
Audit the past 12 months of creator campaigns against current FTC standards. Identify gaps. Build remediation plan with counsel.
