Summary. Paying someone to talk about a product creates two legal problems, and companies usually address only one. The commercial problem is the agreement — what the endorser delivers, what the brand may do with it, for how long, on what exclusivity, and what happens when the endorser does something embarrassing. The regulatory problem is that the resulting content is advertising, subject to substantiation requirements, disclosure obligations, and enforcement that now reaches the endorser and the agency as well as the brand. This guide covers both: the revised Endorsement Guides and the disclosure standard, the fake reviews rule and its penalties, and the agreement terms that determine whether the arrangement produces value or liability.

A brand pays a creator $40,000 for six posts. The posts perform well. Eight months later:

  • A state attorney general asks why three of them carried no disclosure that they were paid.
  • The creator has posted something that makes the brand's association untenable, and the agreement's termination clause requires a conviction.
  • Marketing wants to run the best-performing post as a paid advertisement, and the agreement granted usage rights for ninety days on organic social only.
  • A competitor complains to the FTC that the creator's claim about the product's performance was never substantiated.

Each of those is a drafting failure, and each was avoidable in a document that was probably four pages long. This guide is about the other twenty.

The regulatory framework

The Endorsement Guides

The FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255, were substantially revised in 2023. They are interpretive guidance rather than rules, and violating them is evidence of a deceptive practice under Section 5 of the FTC Act.

Core principles:

1. An endorsement must reflect the honest opinions, findings, beliefs, or experience of the endorser. The endorser must have actually used the product where the endorsement implies it, and may not make claims the advertiser could not make directly.

2. Material connections must be disclosed. A connection between the endorser and the advertiser that might materially affect the weight or credibility a consumer gives the endorsement must be clearly and conspicuously disclosed. This includes:

  • Payment in any amount.
  • Free or discounted products, including anything sent unsolicited that the recipient keeps and then posts about.
  • Employment, including by the advertiser's agency, and including employees posting about their own employer.
  • A family or personal relationship.
  • Entry into a contest or sweepstakes conditioned on posting.
  • Affiliate commissions.
  • Any other benefit — event access, travel, or the prospect of future work.

3. Advertisers are responsible for endorsers' statements, and must have a reasonable program to train and monitor endorsers.

4. Endorsers themselves may be liable. The revised Guides and recent enforcement make clear that an endorser who fails to disclose or makes an unsubstantiated claim faces exposure directly, and the Commission has brought actions against individuals.

5. Intermediaries may be liable — advertising agencies, public relations firms, and influencer marketing platforms that create or disseminate deceptive content or that fail to instruct and monitor.

What "clear and conspicuous" means

The revised Guides define it: a disclosure must be difficult to miss and easily understandable by ordinary consumers. Specifically:

  • In a communication made through both visual and audible means, the disclosure should be presented both visually and audibly.
  • Visual disclosures must stand out and be displayed for a duration sufficient to be read and understood.
  • Audio disclosures must be delivered at a volume, speed, and cadence permitting comprehension.
  • The disclosure must be in the same language as the endorsement.
  • Placement must be unavoidable — not behind a "more" link, not below the fold, not in a string of hashtags, not in a profile bio.
  • A platform's built-in disclosure tool may not by itself be adequate. The Guides say so directly: an advertiser may not rely solely on a platform's tool if the resulting disclosure is not clear and conspicuous.

What works: "#ad" or "Sponsored" at the beginning of the caption and superimposed on the video for its duration; a spoken statement early in the content; "Paid partnership with [Brand]" plus an in-content disclosure.

What does not: "#sp," "#collab," "#partner," "thanks to [Brand]," a disclosure at the end of a long caption, a disclosure in the twelfth hashtag, a disclosure visible for two seconds of a sixty-second video, and a disclosure only in the platform's paid-partnership banner.

Specific rules that recur

Performance and results claims. An endorsement conveying that the endorser's experience is representative requires substantiation that it is — or, where it is not, the advertiser must clearly disclose the generally expected performance. The old practice of a testimonial plus "results not typical" is no longer adequate; the disclaimer does not cure an implied typicality claim.

Expert endorsements must be supported by an actual exercise of the expert's expertise, and the expert must be qualified in the relevant field.

Consumer reviews. Solicited reviews are endorsements. Practices the Commission treats as deceptive include suppressing negative reviews, conditioning incentives on positive reviews, using review gating to route dissatisfied customers away from public review, and displaying reviews of a different product as though they concerned this one.

Child-directed advertising. The Guides address endorsements directed to children, and the Commission has signaled that practices that would not deceive adults may deceive children. Industry self-regulation through the Children's Advertising Review Unit supplies additional standards.

Employees. An employee endorsing their employer's product on social media must disclose the employment relationship. Companies need a written social media policy stating this, and training.

The fake reviews rule

The FTC's Rule on the Use of Consumer Reviews and Testimonials, 16 C.F.R. Part 465, took effect in 2024 and — unlike the Guides — is a legislative rule carrying civil penalties per violation.

Prohibited:

  • Fake or false reviews and testimonials, including those by a nonexistent person, by someone who did not use the product, or that materially misrepresent experience — and buying, selling, or disseminating them where the party knew or should have known.
  • Insider reviews and testimonials without clear disclosure of the material connection, including reviews by officers, managers, employees, and their immediate relatives.
  • Company-controlled review websites presented as independent.
  • Review suppression — using unfounded legal threats, physical threats, intimidation, or false accusations to prevent or remove a negative review, and misrepresenting that the reviews on a site represent all reviews when negative ones have been suppressed.
  • Misuse of fake social media indicators — buying or selling followers, views, or other indicators the buyer knew or should have known were generated by bots or fake accounts, for a commercial purpose.

The penalty exposure is the point. Because this is a rule rather than guidance, violations support civil penalties at the statutory per-violation amount, adjusted annually. For a company with thousands of affected reviews, the arithmetic is severe.

Compliance implications: audit review collection practices; eliminate gating; disclose insider reviews or prohibit them; never purchase engagement; and document the review moderation policy, applying it neutrally to positive and negative reviews alike.

The influencer agreement

Now the contract. What follows is the term list that matters, with the drafting point for each.

Parties and capacity. Contract with the individual, or with their loan-out entity plus an inducement letter from the individual personally guaranteeing performance and agreeing to be bound by the restrictive and moral provisions. Without the inducement, the brand's remedy runs against an entity with no assets.

Deliverables, specified precisely. Number of posts, platform, format (feed post, story, short-form video, long-form video, live stream), minimum duration, whether the creator appears on camera, required product depiction, required talking points, and required hashtags and tags. Vagueness here produces disputes about whether a story counts as a post.

Timing. Posting dates or windows, and a minimum live period — the content must remain posted for a stated time, which is frequently omitted and which is the difference between a campaign and a moment.

Approval process. Whether the brand approves content before posting, the turnaround, and how many revision rounds. Balance this: heavy approval produces content that performs badly, and no approval produces content the brand cannot live with. A common compromise is brand approval of the first deliverable and of any product claim, with creative latitude otherwise.

Compensation. Fee, payment schedule tied to deliverables, any performance bonus and how it is measured, and whether product or travel is provided and at what stated value — which matters for tax reporting and for disclosure.

FTC compliance obligations, stated explicitly:

  • The creator must include the specified disclosure, in the specified form and placement, on every piece of content.
  • The creator must have actually used the product.
  • The creator may not make any claim not on an approved list, and specifically no performance, health, safety, efficacy, or comparative claim without prior written approval.
  • The creator agrees to remove or correct non-compliant content promptly on request.
  • The brand reserves the right to monitor and to withhold payment for non-compliant content.
  • Failure to comply is a material breach, permitting termination and repayment.

Usage rights — the term that most often produces a later problem:

  • Which content: the deliverables, and any content the creator makes about the brand.
  • Which media: organic social only, or paid social, or the brand's owned channels, or all media including broadcast and out-of-home.
  • Which territories.
  • What term: ninety days, one year, or perpetuity. Perpetual all-media usage is expensive and should be priced separately.
  • Whether modification is permitted — cropping, editing, adding graphics, dubbing.
  • Whitelisting and paid amplification — the right to run the creator's content as an advertisement from the creator's own handle. Highly valuable and always separately negotiated. Specify the spend cap, the duration, and the approval process.
  • Renewal or extension mechanics, with a stated fee.

Content ownership. Two models: the creator retains copyright and grants a license (usual), or the content is a work made for hire with an assignment backup (used where the brand wants full control). Where the creator retains ownership, the license must be broad enough for the intended use and must survive termination for the licensed term.

Name, image, and likeness. A separate grant from the content license, covering use of the creator's name, image, likeness, voice, and biographical information in connection with the licensed content and, if desired, in other brand materials.

Exclusivity. The most negotiated term after fee:

  • Category definition — narrow ("non-alcoholic sparkling beverages") or broad ("beverages"), and the difference is worth real money to the creator.
  • Duration, which may extend beyond the campaign.
  • Whether it covers organic content or only paid partnerships.
  • Carve-outs for pre-existing relationships, which the creator should disclose in a schedule.

Representations and warranties from the creator: the content is original and does not infringe; the creator has all rights to any music, footage, or third-party material used; the creator has not made any claim without authorization; the creator will comply with the Endorsement Guides and all applicable law and platform terms; the creator's follower and engagement metrics are genuine and not artificially inflated; and there are no undisclosed conflicting obligations.

That metrics representation matters. Purchased engagement is now expressly addressed by the fake reviews rule, and a brand paying for reach that does not exist has both a fraud claim and a regulatory problem.

Indemnification. Mutual, with the creator indemnifying for unauthorized claims, infringement in creator-supplied elements, and disclosure failures; and the brand indemnifying for the product itself and for brand-supplied materials and claims. Cap the creator's exposure at a multiple of the fee if the creator negotiates it; do not accept a cap on claims arising from the creator's own misconduct.

Morals clause. See below.

Termination. For material breach with a short cure period where cure is possible, for a morals event without cure, and for convenience by the brand with a kill fee. Specify what happens to content already posted and to usage rights on termination.

Confidentiality, covering the deal terms and any product information provided before launch.

Platform terms. The creator must comply with each platform's branded content policies — which require disclosure through the platform's tools in addition to the in-content disclosure — and violations can result in content removal or account penalties.

Morals clauses

The provision that gets used, and the one most often drafted badly.

A workable formulation permits termination where the individual "commits any act or becomes involved in any situation or occurrence, or has committed any act prior to the date hereof, which brings the individual into public disrepute, contempt, scandal, or ridicule, or which insults or offends the community or any substantial group thereof, or which reflects unfavorably upon the brand."

Drafting points:

  • Do not require a conviction. Reputational harm arrives long before a criminal proceeding concludes, and a clause requiring conviction is useless in the situation it exists for.
  • Include pre-existing conduct discovered later, because the internet surfaces old material constantly.
  • Address the consequences: immediate termination, cessation of use, repayment of a pro-rata or full portion of the fee, and removal of content.
  • Consider a reverse morals clause for the creator, permitting them to terminate if the brand's conduct damages their reputation. Sophisticated creators now ask for it, and it is a reasonable request.
  • Define who decides. A pure "in brand's sole discretion" standard is what brands want and what creators resist; a middle position is good-faith determination supported by identified public reaction.
  • Consider a suspension right short of termination, permitting the brand to pause the campaign while facts develop.

Sponsorship agreements

Distinct from endorsement: a sponsorship buys association with a property — an event, a team, a venue, a tour, an organization — rather than a personal endorsement.

Rights typically granted:

  • Designation rights — "Official [Category] of [Property]" — with the exact permitted language specified.
  • Category exclusivity, with the category defined precisely and any pre-existing sponsors disclosed.
  • Marks license — the property's marks for the sponsor's use, and the sponsor's marks for the property's use, each with quality control and approval provisions.
  • Signage and physical presence — locations, dimensions, and duration, with a schedule and photographs.
  • Media inventory — broadcast mentions, digital placements, social posts, program advertising, with counts.
  • Hospitality — tickets, suites, credentials, and experiences, with quantities.
  • Activation rights — on-site presence, sampling, promotions, and the sponsor's own marketing tied to the property.
  • Personnel appearances — athletes, artists, or executives, with a defined number and reasonable notice.
  • Data rights, which are increasingly the most valuable element and the most sensitive: what attendee or member data the sponsor receives, on what basis, and subject to what privacy compliance. This must be reconciled with the property's own privacy notice and with applicable state privacy law.
  • Right of first negotiation and last refusal on renewal.

Sponsor protections:

  • Performance guarantees — attendance, viewership, impressions — with a make-good if not achieved.
  • Non-occurrence and force majeure, with a pro-rata refund or a make-good, defined precisely. Post-2020 agreements address cancellation, postponement, and reduced-capacity events specifically, and the property's insurance should be addressed.
  • Property morals clause, covering the property's own conduct and, where relevant, its key personnel.
  • Ambush marketing protection — the property's obligation to enforce against competitors' unauthorized association, and clean-zone provisions.
  • Approval rights over how the sponsor is depicted.
  • Audit rights over delivery of the inventory.
  • Termination for failure to deliver, for a morals event, and for a change in the property's ownership or character.

Property protections: payment schedule and security; the sponsor's compliance with the property's brand standards; restrictions on the sponsor's use of the marks; and a morals clause running against the sponsor.

Naming rights are sponsorship's most elaborate form, with terms running a decade or more, and they require additional provisions: what happens on a change in the sponsor's name or ownership; the property's obligation to use the name in all communications and to enforce third-party usage; renovation and relocation; and a sponsor termination right if the venue's use changes materially.

Athletes, NIL, and regulated categories

College athletes. Name, image, and likeness arrangements are now routine, and they operate under a patchwork of state statutes, institutional policies, and conference rules, with the landscape continuing to shift through litigation and settlement. Practical points for a brand: confirm the athlete's institution permits the arrangement and whether disclosure to the school is required; confirm any state statute's restrictions on categories (alcohol, gambling, cannabis, and adult products are commonly prohibited); avoid any structure that could be characterized as a recruiting inducement; and note that a collective arrangement raises different issues from a direct brand deal. Contract with an adult athlete directly; for a minor, obtain parental signature and check the state's minor contract rules.

Professional athletes. Union agreements govern group licensing rights, and an individual deal must not conflict with the league's or the players' association's exclusive category arrangements. Confirm what the athlete can actually grant — a player's team and league agreements may restrict on-field depiction, uniform use, and competing category deals.

Alcohol. Advertising is regulated federally by the Alcohol and Tobacco Tax and Trade Bureau and by state law, with restrictions on health claims, on depicting consumption in certain contexts, and on audience composition. Industry codes require that advertising be placed where a defined majority of the audience is of legal drinking age, and influencer content must be age-gated where the platform permits.

Pharmaceutical and medical device. FDA regulates prescription drug promotion, and an influencer post about a prescription product is promotional labeling subject to fair balance and risk disclosure requirements. This is a specialist area and the enforcement record includes actions against both companies and individuals.

Financial services and crypto. Endorsements of securities require disclosure of compensation under Section 17(b) of the Securities Act, and the SEC has brought actions against celebrities who promoted digital assets without disclosing payment. Investment adviser marketing is separately governed by the adviser marketing rule. Do not treat a financial product endorsement as an ordinary influencer deal.

Gambling and sports betting. State-by-state licensing and advertising restrictions, age-gating requirements, and responsible gaming messaging obligations.

Children's products. CARU guidelines, COPPA where data is collected, and heightened scrutiny of influencer content directed at children — including a specific concern about content in which a child influencer promotes a product to other children.

Building a compliant program

Contracting. A standard template with the terms above, an approved-claims schedule per campaign, and a process that no campaign bypasses.

Training. Provide every creator with a short, plain-language compliance guide: what to disclose, where to place it, what claims are permitted, and what to do if asked a question the creator cannot answer. Have them acknowledge it. The Guides require training, and the acknowledgment is the evidence.

Monitoring. A documented process for reviewing published content against the requirements, on a defined schedule, with a record of what was reviewed and what was found. This is the element the Commission looks for, and its absence converts an isolated creator failure into an advertiser failure.

Escalation and correction. A defined path when non-compliant content is found: notify, require correction or removal within a stated period, withhold payment, and terminate for repeat failures.

Substantiation. Every objective claim in every piece of content must be substantiated before it runs, with the substantiation on file. Maintain a claims library — approved language with its supporting evidence — so that campaigns draw from vetted claims rather than inventing them.

Records. Contracts, disclosure guidance and acknowledgments, approved claims and substantiation, monitoring logs, correction records, and copies of all published content. Retain for at least the limitations period.

Vendor management. Agencies and influencer platforms must be contractually obligated to comply and to require compliance downstream, with audit rights and indemnity. The advertiser remains responsible, so the contractual protection is about recovery rather than about avoiding the enforcement action.

A short checklist before any campaign launches

  • Written agreement executed, with an inducement letter if contracting with a loan-out.
  • Deliverables, timing, and minimum live period specified.
  • Usage rights scoped to what marketing actually intends to do, including paid amplification.
  • Exclusivity category defined, and conflicts disclosed.
  • Disclosure requirement stated with the exact language and placement.
  • Approved claims schedule attached, with substantiation on file.
  • Creator confirmed to have used the product.
  • Creator trained and acknowledgment obtained.
  • Metrics representation obtained; no purchased engagement.
  • Morals clause without a conviction requirement, with pre-existing conduct covered.
  • Monitoring schedule assigned to a named person.
  • Correction and termination process documented.
  • Regulated-category rules applied if applicable.
  • Platform branded-content tools enabled in addition to in-content disclosure.
  • Music and third-party content in creator deliverables cleared.

A closing observation

The enforcement trend in this area is unambiguous: responsibility is spreading outward. It began with advertisers, extended to endorsers individually, reached agencies and intermediaries, and now — through the fake reviews rule — carries civil penalties rather than only injunctive relief. A company treating influencer marketing as a media buy rather than as advertising it is legally responsible for is behind the current state of the law by several years.

The good news is that compliance is not difficult and it is not expensive. A four-page addendum to the influencer agreement, a one-page training document, a claims library, and someone who spends two hours a month checking posted content will address essentially all of the regulatory exposure described here.

What takes more thought is the commercial side — the usage rights that were too narrow, the exclusivity that was too broad, the morals clause that required a conviction. Those are not compliance failures; they are deal failures, and they are avoided by asking, before signing, what the brand will actually want to do with this relationship in eighteen months.

The creator's side

Most material in this area is written for brands. Creators face their own set of issues and are frequently the least represented party at the table.

Read the usage rights. A fee that looks generous for six posts is not generous if it also grants perpetual, all-media, worldwide use of the creator's likeness. Usage beyond organic social, and beyond a defined term, is separately valuable and should be separately paid.

Negotiate the exclusivity down. A broad category lock for a long period forecloses income the creator cannot recover. Ask for the narrowest defensible category, the shortest duration, and a carve-out for existing relationships.

Get the payment terms right. Payment on delivery rather than on posting, with a defined net period; a kill fee if the brand cancels; and interest or a late fee. Creators are paid late constantly and a contractual remedy is the only leverage.

Push back on unlimited approval rounds. Two rounds, with additional rounds at an hourly rate, and a deemed-approval provision if the brand does not respond within a stated period.

Insist on a reverse morals clause. If the brand's conduct makes the association damaging, the creator should be able to terminate and to require removal of content featuring them.

Understand the disclosure obligation is personal. The FTC can and does proceed against endorsers individually. A brand's instruction not to disclose is not a defense, and a creator asked to omit a disclosure should decline in writing.

Do not make claims you cannot support. A creator who improvises a performance claim on camera has created liability for themselves independent of the brand's.

Clear your own content. Music in a video, footage from a third party, and a location's appearance are the creator's problem under most agreements' warranty provisions.

Consider the tax treatment. Products received are income at fair market value, and a creator who received a year of free merchandise has a reporting obligation regardless of whether a Form 1099 arrives.

Use an entity where it makes sense, and expect the brand to require an inducement letter. That is reasonable and it does not defeat the liability protection for ordinary business obligations.

International considerations

A campaign visible outside the United States is subject to other regimes, several of which are stricter.

United Kingdom. The Advertising Standards Authority enforces the CAP Code, and its guidance with the Competition and Markets Authority requires that advertising be obviously identifiable as such — with "#ad" at the start of a caption being the accepted form. The ASA publishes rulings naming individual influencers, and it maintains a public list of non-compliant creators. There is no monetary penalty, but the reputational mechanism is effective.

European Union. The Unfair Commercial Practices Directive prohibits failing to identify commercial intent, and the Digital Services Act requires platforms to enable and creators to make clear disclosure of commercial communications. Several member states impose additional national requirements, and enforcement has produced significant fines in some jurisdictions.

Germany has produced substantial litigation over when unpaid posts about brands require labeling, with courts distinguishing paid promotion from genuine editorial mention.

France enacted a dedicated influencer statute imposing contract formalities, disclosure requirements, category restrictions, and liability for the influencer's agent.

Canada applies the Competition Act's deceptive marketing provisions and the Ad Standards code, with the Competition Bureau having issued specific influencer guidance.

Australia applies the Australian Consumer Law and the AANA code, with the Therapeutic Goods Administration imposing strict rules on health-related endorsements.

Practical planning: where a campaign will be visible internationally — which is every social campaign — build to the strictest applicable standard, which generally means a prominent disclosure at the start of the content in the same language as the content, plus the platform's own tool. That satisfies nearly every regime at once and costs nothing.

Measuring and enforcing delivery

Sponsorship and influencer deals are frequently signed with enthusiasm and never audited, which is how brands discover at renewal that half the inventory was never delivered.

Define the metrics in the agreement, using a stated source and methodology: impressions as reported by the platform's native analytics, engagement rate calculated on a defined basis, and — for sponsorship — attendance figures certified by the property, broadcast ratings from a named measurement service, and signage exposure measured by a named vendor.

Require reporting on a schedule, not on request. A post-campaign report delivered within thirty days, containing screenshots of native analytics, is a low burden and it produces the record.

Reserve an audit right over the property's or creator's underlying data, exercisable on notice, with cost-shifting if a material discrepancy is found.

Define the make-good. Where guaranteed impressions or attendance are not achieved, the remedy should be specified — additional inventory, an extension, or a pro-rata refund — with the calculation stated. "The parties will negotiate in good faith" is not a remedy.

Track the intangibles too. Category exclusivity is worth nothing if the property signs a competitor and nobody notices. Assign someone to monitor the property's other sponsors and the creator's other partnerships during the exclusivity period.

Document breaches contemporaneously. A brand that tolerates late posts, missing disclosures, and undelivered inventory for a year and then asserts breach at renewal will be met with a waiver argument. Send the notice each time, even when the relationship is good — a short, friendly email confirming the miss and the agreed cure preserves the position without damaging anything.

A note on contests and sweepstakes, which frequently ride along with influencer campaigns. A promotion requiring consideration, awarding a prize, and determined by chance is an illegal lottery in every state unless run by an authorized entity. Remove one element: eliminate consideration (no purchase necessary, with a free alternate method of entry given equal dignity), or eliminate chance (a genuine skill contest with judging criteria). Then comply with the rest: official rules posted and linked from every promotional post, eligibility and age restrictions, the odds, the prize's approximate retail value, the sponsor's identity, entry deadlines, and any state registration and bonding requirement for prizes above a threshold in the states that impose one. An influencer running the promotion on the brand's behalf must include the disclosure and the rules link in the post, and the brand remains responsible for both.

Primary authority

Influencer work is advertising law first and contract law second.

  • 15 U.S.C. § 45 — Section 5 of the FTC Act, the source of every disclosure obligation in this area.
  • 16 C.F.R. Part 255 — the Endorsement Guides, revised in 2023: the definition of an endorsement in § 255.0, the material connection disclosure requirement in § 255.5, consumer reviews in § 255.2, and expert and organizational endorsements in § 255.3 and § 255.4.
  • 16 C.F.R. Part 465 — the Rule on the Use of Consumer Reviews and Testimonials, effective 2024, which prohibits fake reviews, undisclosed insider reviews, and purchased indicators of social media influence, with civil penalty exposure.
  • 15 U.S.C. § 45(m)(1)(A) and § 45(m)(1)(B) — civil penalties, including the Notice of Penalty Offenses mechanism the Commission has used against advertisers.
  • FTC, Disclosures 101 for Social Media Influencers (2019) — the staff guidance that supplies the operative "clear and conspicuous" examples.
  • 15 U.S.C. § 1125(a) — false advertising and false endorsement under the Lanham Act, the competitor's private remedy.
  • Cal. Civ. Code § 3344 and N.Y. Civ. Rights Law §§ 50–51 — statutory right of publicity, and the written-consent requirement that a scope-limited release must satisfy.
  • 17 U.S.C. § 106 and § 201(d) — who owns the content the creator produces, and why a license grant needs a term, territory, and media list.
  • 21 C.F.R. Part 202 and 21 C.F.R. § 101.93 — the far stricter rules when the advertised product is a drug or a dietary supplement.
  • 47 U.S.C. § 227 and 16 C.F.R. Part 316 — when an influencer campaign turns into a text or email campaign and a different statute takes over.

Related articles

This guide is provided for general informational purposes and does not constitute legal advice. FTC guidance and rules in this area have changed recently and continue to develop, and regulated categories including alcohol, healthcare, financial services, gambling, and college athletics carry additional requirements that vary by jurisdiction. Consult qualified advertising counsel before launching a campaign.