Influencer Disclosure Rules: A UK and US Guide for Creators and Brands

This guide summarises the main rules for creators and brands working in the two markets we see most often. It is general information, not legal advice, and guidance changes, so check the current sources linked at the end.

The principle: make the commercial relationship obvious

Regulators in both countries ask the same question: has the creator received something of value, or do they have a connection with the brand that the audience wouldn't expect? If so, the content must be clearly identified as advertising, or the connection clearly disclosed. Labels should be plain, easy to notice and placed where people will see them before they engage.

UK rules: the ASA and the CMA

What counts as an advert

In the UK, advertising rules sit in the CAP Code and are enforced by the Advertising Standards Authority (ASA). According to the ASA's guidance, content must be obviously identifiable as advertising when a creator has received a payment or other incentive, whether requested or unsolicited, or has a personal or commercial connection to the brand. Free products count as an incentive, and a brand with editorial control over the content can also bring it within the Code.

Labels that work, and labels that don't

The ASA says labels such as “Ad”, “Advert” and “Advertising” are likely to be acceptable, with or without a hashtag. It advises against “Sponsored” because it is open to different interpretations, and says labels like “Gifted”, “Supported by”, “In association with” and “#BrandAmbassador” are unlikely to be clear enough. An @mention or a discount code on its own isn't enough either.

Where the label goes

The label should appear upfront, usually at the start of the post, and be visible before anyone has to click “more” or expand the caption. Labels buried among hashtags, in low-contrast text or below the fold are likely to be missed. For video, the ASA says commercial intent should be clear before viewers click, or immediately if autoplay prevents that, and on YouTube it suggests the title or thumbnail should carry an identifier.

Platform tools, affiliate links and ambassadors

A platform tool such as Instagram's “Paid partnership” label may be sufficient if it is upfront, clear and prominent, but the ASA says it may not be enough on its own, so add an “Ad” label if in doubt. A personalised affiliate link or code makes the content advertising, and the ASA typically holds the brand at least jointly responsible. Stating that you're an ambassador in your bio isn't enough: each post should be identifiable as an ad when seen in isolation.

The CMA and consumer law

Hidden advertising is also a consumer protection issue. The Competition and Markets Authority publishes guidance for businesses and brands on honest and transparent endorsements. Since 6 April 2025 the Digital Markets, Competition and Consumers Act 2024 has also given the CMA direct powers to enforce consumer law, including by issuing fines, so brands have more reason than ever to get this right.

US rules: the FTC

In the US, the Federal Trade Commission expects creators to disclose a “material connection” with a brand, such as a payment, a free product or a personal, family or employment relationship. Its guidance for influencers says to put the disclosure with the endorsement itself: disclosures on a profile page, at the end of a post or video, or behind a “more” link are likely to be missed.

The FTC suggests plain terms such as “ad”, “advertisement” or “sponsored”, and warns against vague shorthand such as “sp”, “collab” or “thanks” on their own. In a video, the disclosure should be in the video itself rather than only in the description, ideally in both audio and on-screen text, and in live streams it should be repeated so viewers who join late still see it. As in the UK, a platform's built-in tool may not be enough on its own. The FTC's Disclosures 101 for Social Media Influencers sets this out in plain language.

The FTC has also said US law can apply to creators based abroad when it is reasonably foreseeable that a post will affect US consumers, so creators with an international audience shouldn't assume the rules don't reach them.

UK and US side by side

Common situations

Gifted products

A free product counts as an incentive under the ASA's guidance, and a “Gifted” label alone isn't considered sufficient. The FTC likewise treats free products as a material connection to disclose, even if you believe your opinion is unbiased.

Affiliate links and discount codes

If you earn commission through a personalised link or code, you are acting as an advertiser. Label the content as an ad, not just the link.

Boosted and whitelisted posts

When a brand runs a creator's post as an advert from the creator's handle, it is advertising and needs a clear label. Agree who is responsible for the label in the contract, as covered in our guide to usage rights.

Long-term ambassadors

A long relationship doesn't remove the need to disclose. Each post should be identifiable as advertising when viewed on its own.

Audiences in more than one country

If your audience spans the UK, the US and elsewhere, follow the strictest rule that applies to the markets you are targeting, and remember other countries have their own rules.

A disclosure checklist

For creators

• Put “Ad” at the very start of the caption, or on screen in the first seconds of a video.
• Use plain labels and avoid “collab”, “sp” and “gifted” on their own.
• Repeat the disclosure during live streams.
• Label affiliate links and discount codes as advertising.
• Use the platform's paid partnership tool as well as your own label, not instead of it.
• Keep a record of the brief and agreement.

For brands

• Put disclosure requirements in the brief and the contract.
• Check content before it goes live for a visible, upfront label.
• Make sure the label stays on re-posts and boosted versions.
• Monitor live content, not only the draft.
• Brief creators on both UK and US rules if you are targeting both markets.

Frequently asked questions

Is #ad enough?

In the UK, “Ad” or “#ad” placed upfront is likely to be acceptable, and in the US “ad” is one of the plain terms the FTC suggests. What matters is clarity and placement as well as the word itself, so keep the label prominent and check the current guidance.

Do I need to disclose gifted products I wasn't asked to post about?

In the UK, a free product is an incentive, so check the ASA's guidance and err on the side of labelling. In the US, free products are a material connection that should be disclosed.

Do the rules apply to Stories, Reels and short video?

Yes. The same principles apply in every format: the disclosure must be easy to notice in the format itself, not only in a caption people may never expand.

Who is responsible, the creator or the brand?

Both can be. The ASA typically holds the brand at least jointly responsible for affiliate content, and in the US creators must disclose while brands should ensure their creators do. Put disclosure duties in the contract.

Disclosure rules: key takeaways

Use a plain “Ad” label at the start, don't rely on platform tools or vague terms alone, and treat the strictest rule as your baseline if you reach audiences in more than one country.

This guide is general information, not legal advice. Rules and guidance change, so check the current ASA, CMA and FTC sources and take advice on important campaigns.

Sources and further reading

• ASA: Recognising ads on social media
• ASA: Influencers' guide to making clear that ads are ads
• CAP Code, section 2: Recognition of marketing communications
• CMA: Reviews and social media endorsements, guidance for businesses and brands
• Digital Markets, Competition and Consumers Act 2024 (legislation.gov.uk)
• FTC: Disclosures 101 for Social Media Influencers
• YouTube Help: Paid product placements and endorsements