The FTC's Endorsement Guides (16 CFR Part 255) were updated in 2023 to address the realities of social media, influencer marketing, and affiliate programs. The updated guides expand the definition of covered endorsements, clarify disclosure requirements across platforms, and make explicit that brands bear responsibility for claims made in influencer and affiliate content that they have reason to know about.
The Core Principle: Endorser Claims Are Brand Claims
Under 16 CFR Part 255.1, an endorsement is any advertising message that consumers are likely to believe reflects the views of an individual, organization, or expert — as distinguished from the views of the brand. When an influencer promotes your supplement, their personal statements about its effects are endorsements — and FTC treats them as your advertising claims.
This means:
Claims in influencer content must meet the same truthfulness and substantiation standard as your direct advertising
Disease claims in influencer content are your disease claims
Unsubstantiated outcome claims in influencer content are your unsubstantiated claims
You cannot escape liability by having the influencer make claims you couldn't legally make yourself
What "Material Connection" Disclosures Are Required
Under 16 CFR Part 255.5, influencers must clearly and conspicuously disclose any material connection to the brand — any relationship that might affect how consumers view the endorsement. Material connections include:
Payment (any form — cash, product, commission)
Free product received in exchange for content
Affiliate commission arrangements
Equity or employment relationships
Family or close personal relationships with brand founders or employees
The disclosure must be:
Clear: Consumers must understand what the relationship is
Conspicuous: Placed where consumers will see it, not buried in hashtags or below-the-fold text
Platform-appropriate: A disclosure in the 20th hashtag of an Instagram post caption does not satisfy the requirement
FTC guidance specifies that platform-native disclosure tools (Instagram's "Paid Partnership" tag, YouTube's "Includes paid promotion" disclosure) are acceptable but may not be sufficient on their own in all contexts. Verbal disclosures in video content and text disclosures in written content are also required where the native tool doesn't make the relationship clear.
Platform-Specific Rules
TikTok and Instagram Reels: Short-form video disclosures must be verbal or text-on-screen, not just in captions that viewers may not read. "Ad," "Paid," or "Sponsored" should appear at the start of the content.
YouTube: Required to use YouTube's built-in disclosure feature for paid promotions; verbal disclosure recommended at the beginning of the video (not just in description).
Podcasts: Verbal disclosures required. Host-read ads where the host uses the product must disclose the commercial relationship.
Amazon affiliate links: Creators linking to your products through Amazon Associates must disclose the affiliate relationship.
Disease Claims in Influencer Content
The highest-compliance risk in influencer content is disease claims — personal testimonials from influencers with diagnosed conditions:
"I have PCOS and this supplement finally balanced my hormones"
"As someone with anxiety, this is the only thing that calmed me down"
"I've had arthritis for 15 years and this reduced my joint pain by 80%"
"My doctor was shocked by my blood sugar numbers after I started this supplement"
These are disease claims attributed to your brand. The creator's personal experience framing doesn't change the regulatory analysis. A disease treatment claim in influencer content is a disease treatment claim for your product.
Under the 2023 FTC Endorsement Guide update, brands can be held liable for claims made in influencer content that the brand has reason to know about — including content posted by creators in affiliate programs, ambassadors the brand follows on social media, and content the brand reposts or engages with.
Monitoring Is the Brand's Responsibility
The 2023 FTC updates make clear that brands cannot simply send product to creators and disclaim responsibility for what gets posted. Brands with influencer programs should:
Provide explicit written guidance on what claims are and are not permitted
Review creator content before posting when possible
Monitor posted content for prohibited claims
Have a process for requesting claim removal when violations appear
Document the brand's compliance efforts as a defense in FTC proceedings
Influencer content is your advertising — it requires the same compliance review as your label
Truli's Social Monitoring scans influencer and creator content for disease claims, unsubstantiated outcome claims, and missing disclosure language — flagging posts the day they go live so brands can act before the content accumulates views and FTC attention. The earlier a brand catches a creator's disease claim, the lower the risk.
A note from Truli: Truli is not a law firm, and this article does not constitute or contain legal advice or create an attorney-client relationship. When determining your obligations and compliance with respect to relevant laws and regulations, you should consult a licensed attorney.
