The FTC's authority here stems from the Federal Trade Commission Act, which prohibits deceptive advertising. The agency's position — backed up in enforcement actions over decades — is that when you recommend a product to your audience without telling them you're getting paid for it, that's deceptive. Your audience trusts your opinion. If that opinion is being subsidized and they don't know it, they can't properly evaluate your recommendation.

The FTC issued its most comprehensive update to the Endorsement Guides in 2023, the first major revision in over a decade. The updated guides clarified definitions, expanded liability to intermediaries, added rules about fake reviews, and — crucially — imposed a strict new definition of what it means for a disclosure to be "clear and conspicuous."

So if you've been operating under the assumption that a small "#ad" buried in a hashtag pile counts, you're behind the times.

Here's what surprises a lot of solopreneurs: the FTC's rules apply to far more than traditional influencers. According to updated FTC guidance, covered parties include:

Bloggers, YouTubers, podcasters, newsletter writers, and Twitch streamers Brand ambassadors and affiliate marketers Founders and employees who promote their own or a partner's products Users who received free products and then post reviews Anyone who endorses a product to an audience while having a "material connection" to the brand A "material connection" is defined broadly: it includes payments, free or discounted products, affiliate commissions, family or employment relationships, and even just being given early access to something. If a connection could affect how your audience weighs your recommendation — and a significant portion of that audience wouldn't already expect it — you need to disclose it.

The 2023 update formally defined "clear and conspicuous" for the first time, and the standard is more demanding than most people realize. A disclosure must be difficult to miss and easily understandable by an ordinary consumer. When the endorsement appears on a digital platform, the disclosure must be unavoidable — not just present somewhere on the page.

What does "unavoidable" mean in practice? It means:

Disclosures cannot require the user to click "more" to see them They cannot be buried after a long string of hashtags They cannot appear only in a profile bio or "About Me" page They must be placed close to the endorsement itself — ideally before it This is especially relevant for Instagram captions, where the FTC has been explicit: the disclosure must appear above the "see more" fold. If someone has to tap "more" to see your "#sponsored" tag, it doesn't count.

Social media posts (Instagram, Facebook, Twitter/X). Disclosure must appear before the "see more" cutoff in any caption. Don't bury it in hashtags. A standalone statement like "Sponsored by [Brand]" or "Ad" at the top of the caption works. Platform-built tools like Instagram's "Paid Partnership" label can supplement but do not replace your own disclosure.

Stories and Reels (TikTok, Instagram Stories). Superimpose the disclosure directly on the image or video in readable text. It must stay on screen long enough to be read. Don't flash it for half a second or drop it at the very end.

YouTube videos. Disclose both verbally (in the audio) and visually (on screen) — ideally near the start. For longer videos, add a second disclosure immediately before the product endorsement. A disclosure in the video description alone is insufficient.

Livestreams (Twitch, TikTok Live, YouTube Live). Since viewers drop in and out, disclosures must be repeated periodically throughout the stream — both visually on screen and spoken aloud.

Podcasts. Speak the disclosure clearly within the episode itself. Include it in show notes as well. If the endorsement appears multiple times in the episode, repeat the disclosure.

Blogs and newsletters. Place your disclosure at the top of any post containing affiliate links or sponsored content — before your readers engage with the recommendations. The FTC has specifically noted that a disclosure at the bottom of a long post, after all the endorsements, is not good enough.

The FTC wants simple, direct language. Phrases that work:

"Advertisement" or "Ad" "Sponsored by [Brand]" "Paid partnership with [Brand]" "I received this product for free from [Brand]" "[Brand] paid me to write this" "This post contains affiliate links. I earn a commission if you buy through them." Phrases that do not work:

"#spon" or "#collab" "Ambassador" (alone — without clarifying it's a paid role) "Thanks to [Brand]" (too vague) "#partner" (ambiguous) Any abbreviation an ordinary consumer might not understand

Affiliate marketing is one of the most common arrangements for solopreneurs, and the rules are clear: if you're earning a commission, you must disclose it. Saying "affiliate link" or "commissionable link" may not be clear enough on its own, because many consumers don't know what those terms mean. The FTC recommends language like "I earn a commission if you buy through this link" or a simple "paid link" disclosure.

This applies to every single piece of content that contains affiliate links — not just a blanket disclosure on a sidebar or footer. Each post, email, or video needs its own disclosure.

The 2023 update added important language around fake reviews. The FTC explicitly prohibits procuring, writing, or publishing fake positive reviews. This includes reviews written by bots, AI-generated endorsers, or people who haven't actually used the product. If you've ever bought reviews or let an agency manufacture testimonials — that's a direct violation.

The guides also addressed AI-generated influencers: a fabricated digital persona promoting a product is still an endorser under the rules, and the material connection still requires disclosure.

One of the more significant 2023 updates was expanded liability for intermediaries. Under current FTC guidance, liability can attach to:

The content creator who fails to disclose The brand that asked them to endorse without requiring disclosure The advertising agency or PR firm that facilitated the campaign The management company or influencer network that helped distribute the content As a solopreneur doing brand deals, you are responsible for your own disclosures. Don't let a brand tell you disclosures aren't necessary or would "hurt engagement." That argument won't protect you.

Before you hit publish on any sponsored or affiliate content, run through this:

1. Is there any material connection between you and the brand (payment, product, commission, relationship)? 2. Would your audience likely assume this is an unpaid, independent recommendation? 3. Is there a disclosure in this specific piece of content? 4. Is it placed before the endorsement, not buried after it?

5. Is it in plain language that any ordinary person would understand? 6. For video: is it both spoken and on-screen? 7. For stories: is it superimposed on the image/video? If you answered "no" to any of questions 3 through 7, fix it before publishing.

The FTC's rules exist to protect consumers — but they also, practically speaking, protect your credibility. Audiences that feel deceived don't come back. Build transparency into your content as a habit, not an afterthought. Your disclosure doesn't have to be awkward or elaborate; it just has to be honest, prominent, and clear.

Ready to audit your existing content? Go through your last 20 posts and check every piece that involves an affiliate link or brand relationship. Make sure each one has a proper disclosure. It's a good afternoon of work that could save you significant headaches down the road.

Disclosures pair with your site's terms and privacy policy, and email promotions carry their own CAN-SPAM requirements. If your audience includes kids, COPPA changes the rules entirely.