The FTC Endorsement Guides explain how the FTC applies Section 5 of the FTC Act to endorsements, influencer posts, and testimonials. First issued in 1980 and most recently revised in July 2023, they sit at 16 CFR Part 255 and shape nearly every influencer marketing campaign in the United States.
What the FTC Endorsement Guides Require
Any material connection between an endorser and a brand, including payment, free product, employment, or family relationships, must be clearly and conspicuously disclosed in the post itself. Endorsements must reflect the honest opinion of the endorser, cannot make claims the advertiser could not make directly, and testimonials about atypical results need clear context. The 2023 revision added rules on fake followers, virtual influencers, tag features and likes as endorsements, and stricter standards for disclosures directed at children.
Liability for Brands and Influencers
Both the brand and the influencer can be liable, and advertisers are expected to monitor their influencers and agencies. The Guides themselves are interpretive, but conduct that violates them is prosecuted under Section 5, so agencies running influencer campaigns should build written disclosure requirements into every creator contract.
Source: Electronic Code of Federal Regulations: 16 CFR Part 255
Report a violation: If you believe a business is violating this law, you can file a complaint at FTC Fraud Report.
