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Influencer Marketing

FTC Disclosure Guide for Influencer Marketing

By the Gigde Influencer Marketing Desk Reviewed by Gigde growth strategists Updated February 4, 20268 min read

A clear guide to influencer disclosure rules, covering when disclosure is required, how to label paid content correctly across platforms, who is responsible, and how brands keep campaigns compliant. An influencer needs to disclose whenever there is a material connection between the creator and the brand that the audience would not otherwise expect.

FTC Disclosure Guide for Influencer Marketing

When does an influencer need to disclose a paid partnership?

How should disclosures be worded and placed?

Who is responsible if a disclosure is missing?

How do brands keep entire campaigns compliant?

How can Gigde keep your influencer campaigns compliant?

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FAQs

Do I need to disclose gifted products if no money was paid?

Yes. A free product is a material connection between you and the brand, so disclosure is required even without payment. Audiences would reasonably want to know the item was gifted before trusting your review. Treat gifts, discounts, affiliate commissions, and early access the same as cash when deciding whether to disclose.

Is a single hashtag like ad enough to disclose?

It can be, if it is clear and prominently placed where the audience sees it before engaging, not buried among many hashtags or hidden behind a more link. The disclosure must be unambiguous and easy to notice. Placement and visibility matter as much as the wording, so put it up front in plain language.

Can the brand be penalized for a creator's missing disclosure?

Yes. Both the brand and the creator can face responsibility for missing disclosures. Regulators expect brands to instruct creators and monitor compliance rather than assume it happens. Building disclosure into contracts as a payment condition and auditing live posts is how brands demonstrate good-faith effort and reduce their exposure.

Does a platform's paid partnership tag replace a written disclosure?

Not always on its own. Native paid partnership tools help, but they may not be prominent enough in every format to satisfy disclosure expectations. The safest approach pairs the platform tag with a clear, plainly worded disclosure in the caption or spoken in video, ensuring the audience cannot miss the material connection.

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