The FTC isn’t playing around anymore.

They’ve updated their Endorsement Guides because influencer marketing has exploded, and frankly, some folks were getting sloppy. It's not just theory; major brands like Shein, Celsius, and Revolve have recently faced class-action lawsuits over claims of unclear influencer partnerships. Even trade groups like the American Beverage Association have gotten FTC warnings.

The message is crystal clear: if an influencer has any material connection to a brand (meaning they’re getting paid, comped, gifted, or receiving exclusive perks), their followers absolutely have a right to know. Disclosure isn’t a polite suggestion; it’s a must. Burying “#ad” or “#sponsored” under a mountain of other hashtags, or using vague terms like “collab,” just won’t cut it anymore, and the platform’s built-in ‘Paid Partnership’ banner is not a magic fix. 

The FTC now requires "clear and conspicuous" disclosures. That means the sponsorship must be obvious, unavoidable, and easy to understand. They can’t be hidden in a caption, buried in a swipe, or spoken so fast it’s missed. If the average person might miss or misunderstand that it’s a paid endorsement, the creator (and brand) could be held responsible.

So how do creators, and the brands they partner with, keep it compliant without being cringe?

Here’s how to disclose like a pro, and maybe even make it part of the bit:

🎙️ Integrate it into your script or humor Creators like @ChrisOlson and @Tinx weave their disclosures seamlessly into their storytimes or skits. A casual “I’m working with X brand on this” mid-sentence, especially near the beginning of the content, feels authentic and keeps viewers engaged. The FTC emphasizes that if an endorsement is in a video or audio, the disclosure should be delivered in the same way so people will notice it.

🖊️ Make on-screen text part of the aesthetic (and clear!) If you’re showing it, show it well. Design simple, unambiguous terms like “#ad,” “#sponsored,” or “Paid partnership with [Brand]” as part of your content's look and feel. Match your font, placement, and timing to your visual identity. But remember, it has to be visible long enough to be read and understood. It also needs to be in a size and color that contrasts clearly with the background, making it easy to see.

📣 Embrace the meta The smartest creators are leaning into the fact it's an ad: “You guessed it, this is sponsored, but stay with me, it’s actually good.” By breaking the fourth wall with clear and understandable language, they’re earning trust and attention. Some even start with a dramatic action, like sprinting into frame or sipping a latte like it’s a performance, then immediately saying, “Yes, this is an ad for [Brand].” It disarms the audience and often adds comedic value. Authenticity, paired with clarity, wins.

📌 Pin a cheeky comment (as a supplement) Let your comment section do some of the work to reinforce your main disclosure. Think: “sponsored? yes. iconic? also yes.” Pinning a playful but clear disclosure can add to transparency, especially if someone somehow missed the primary one. Just make sure it’s not your only disclosure. The main one needs to be in the video or image itself, or very prominently at the beginning of a text post.

TL;DR: Transparency and honesty are the new trust.

In a landscape where audiences are savvier than ever, the best move is to be upfront. Clear disclosure isn’t just about legal compliance. It’s a signal that you respect your audience. And when you own the ad with an honest endorsement, instead of hiding it, the content often performs better and builds more genuine connections.

Ready to Make Your Influencer Marketing Shine (Compliantly)?

Navigating these FTC rules while still creating fresh, engaging, and high-performing campaigns for your brand can feel like a balancing act. If you're looking to partner with a team that gets how to make influencer marketing that’s both effective and transparent, Newfangled Studios would love to chat.

A Quick Heads-Up: While we're passionate about this stuff and have dived into the FTC's guidelines, please remember this article is for informational purposes only. It's not legal advice, and we here at Newfangled Studios are creative production experts, not lawyers! For specific legal counsel regarding your influencer campaigns and compliance, it's always best to consult with a qualified legal professional.

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