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What do sponsored posts have to disclose?

CreatorsMarketingCompliance

You have to disclose any material connection to the brand you are talking about: that they paid you, sent you free product, pay you a commission on sales, or that you have a family or business relationship with them. The Federal Trade Commission's Endorsement Guides require the disclosure to be clear and in the post itself, so a follower sees it before they decide to buy. A line in your bio or a hashtag buried among twenty others does not count.

What counts as a material connection

• Money, including a flat fee or a bonus for performance.
• Free or discounted products, even ones you did not ask for, if you post about them.
• Affiliate links and discount codes that earn you a commission.
• Trips, event tickets and other perks.
• Being an employee, investor, friend or relative of the brand.

How to disclose it

Use plain words: "ad", "sponsored", "paid partnership with" or "thanks to the brand for the free product". Put it at the start of the caption, not after the "more" cutoff. On video, say it out loud and show it on screen, near the start. On a livestream, repeat it during the stream for people who join late. The platform's own paid partnership label helps, but the FTC has said it may not be enough on its own if it is easy to miss.

Who is responsible

Both of you. The FTC has brought cases against brands for undisclosed influencer posts, and it has sent warning letters to individual creators. Most brand contracts now require you to disclose, and some let the brand withhold payment or end the deal if you do not. Read that clause, because it moves the risk onto you.

What to do

• Disclose every paid, gifted or commission post, at the start of the caption or video.
• Use plain words, not vague tags like #sp or #collab.
• Check the disclosure clause in each brand contract before you sign.
• Only say what you actually believe about the product. An endorsement has to reflect your honest opinion.

Written by the lawyers who built Arabella. This is legal information, not legal advice for your situation, and reading it does not make us your lawyers. For a real dispute or a high-stakes decision, talk to a licensed attorney. More questions.