FTC rules for sponsored content: how to label sponsored articles, influencer posts and paid links in the US

• The Endorsement Guides (16 CFR Part 255), last revised in 2023: they cover influencers, reviews and anyone with a "material connection" to a brand.
• The FTC's 2015 policy statement on deceptively formatted ads, with its guide to native advertising: it covers sponsored articles and other ads that look like editorial.
• The Rule on consumer reviews and testimonials (16 CFR Part 465), in force since 21 October 2024: it bans fake and paid-for reviews outright.

The FTC's native advertising guide says readers are likely to understand "Ad", "Advertisement", "Paid Advertisement" and "Sponsored Advertising Content".

It calls "Promoted" and "Promoted Stories" at best ambiguous, and warns that "Sponsored by [X]", "Presented by [X]" or "Brought to you by [X]" can suggest the sponsor only paid for the piece without shaping it. A logo or brand name on its own isn't likely to be enough.

• Directly in front of or above the headline, not to the right of it or below it.
• On the image too, if an image is what people see first.
• On the article page itself, near the headline, not only on the teaser that links to it.
• At the start of the title when the piece is shared on social media, in search results or by email.

The FTC says labels like "Ad:", "#ad", "Advertisement", "Paid ad" and "Sponsored by [Brand]" are likely to work, at the start of the post. "Gifted by [Brand]" works for a free product.

It calls these ambiguous or not enough: "#client", "#ambassador", "partner", "Gifted" on its own, "#comped" and a simple thank-you to the brand.

• The disclosure must be hard to miss: not only in the comments, behind "more", or at the end.
• Match the format: on screen for video, out loud for audio, both is better. Repeat it during live streams.
• Platform tools such as a "paid partnership" tag might not be enough on their own. Add your own label too.

• Writing, buying or selling fake reviews and testimonials, including AI-generated ones.
• Rewarding customers for reviews that must be positive or negative.
• Reviews by a company's own officers, managers or employees without disclosing the connection.
• Company-controlled review sites that claim to be independent.
• Buying or selling fake followers, views or other social media influence.

Knowing violations can bring civil penalties, currently up to $53,088 per violation.

Google's spam policies treat buying or selling links that pass ranking credit as link spam. A paid link is fine when it carries rel="sponsored" (or rel="nofollow"), and Google prefers rel="sponsored" for paid placements. Its site reputation abuse policy also names advertorials whose links pass ranking credit.

Both the brand and the person or publication posting. The FTC's guidance says responsibility rests with the advertiser and the influencer, not with the platform, so brands should tell creators how to disclose and check that they do.