The FTC updated its Endorsement Guides in 2023, the first big refresh since 2009. In 2024 it added a binding Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465), which took effect in October 2024.
What you must do
- Disclose any "material connection": money, free or discounted products, employment, or a family or personal relationship with the brand. This applies even if you think your opinion is unbiased.
- Make it "clear and conspicuous": the 2023 Guides define this as difficult to miss.
- Wording: simple words work, like "ad", "advertisement", "sponsored", "thanks [Brand] for the free product" or "[Brand]Partner". Avoid "sp", "spon", "collab", and "thanks" or "ambassador" used alone.
- Placement: put it with the endorsement, not in your bio, not behind "more" and not buried among hashtags.
- Video: put the disclosure in the video, not just the description. Saying it and showing it on screen together works best. In lives, repeat it so people who join late see it.
- Platform tools: fine to use, but don't rely on them alone.
- Honesty: only talk about products you've actually used, and don't make claims (for example health claims) the brand can't prove.
- Tags and likes can count as endorsements. The definition also covers virtual influencers.
- Posting from abroad? US law can apply if US consumers will foreseeably see your post.
The 2024 rule bans: fake reviews (including AI-generated ones), reviews bought on condition they're positive, undisclosed insider reviews, and buying or selling fake followers or views to misrepresent your influence. The FTC can seek civil penalties against people who knowingly break it.
Enforcement is real. In November 2023 the FTC warned two trade associations and a dozen dietitians and influencers over sponsored posts about aspartame and sugar that weren't disclosed well enough.