Sponsored Post & FTC Disclosure
Any post with a material connection — cash, free product, a trip, a commission — must be disclosed so an ordinary person cannot miss it. Instagram’s Paid Partnership tag is not enough by itself.
The FTC’s 2023 Endorsement Guides (16 CFR Part 255) define “clear and conspicuous” as hard to miss and easy to understand. Material connection includes payment, gifted product, discounts, affiliate commissions, and free meals or travel. There is no “it was only a small gift” exception.
What fails: #ad as hashtag #14; disclosure only below See more; a one-second “Ad” flash on a Reel; relying only on Paid Partnership or TikTok’s Commercial Content toggle. The FTC has said platform tools can supplement a disclosure; they do not replace it. What passes: “Paid partnership with [Full Brand Name]” or “Ad” as the first line of the caption, plus readable on-screen text (and a spoken line if the pitch is spoken).
Brands can be held responsible for the creator’s failure. Put the required language in the brief and check the live post. Vague tags (#collab, #spon, #gifted buried) are not a plan.
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