TikTok Sponsorship Disclosure Guidelines
Complete FTC compliance guide: How to properly disclose sponsored content
Why Disclosure Matters
Legal Requirements (FTC)
The Federal Trade Commission requires clear disclosure of any "material connection" between creator and brand. If you received anything of value (money, free products, affiliate commissions), you must disclose it.
Penalties: $10,000–$43,280 per violation
Ethical Reasons
Beyond legal compliance: maintains audience trust, preserves your credibility, protects you legally, and sets industry standards.
The Triple Disclosure Method (Best Practice)
For maximum compliance and transparency, use all three disclosure methods:
TikTok's "Branded Content" Toggle
Use TikTok's official branded content feature. Before posting, enable "Brand Content" toggle and add brand name.
Example:
Viewers see: "Paid partnership with [Brand]" label at top of video
#ad or #sponsored in Caption
Include #ad or #sponsored at the BEGINNING of your caption (not buried at end).
Example:
#ad Loving this new skincare routine from @BrandName! Here's why it works…
Verbal Disclosure in Video
Say out loud in the video that content is sponsored.
Example:
"Thanks to [Brand] for sponsoring today's video!" or "This video is in partnership with [Brand]."
What Content Requires Disclosure
Always Disclose
- • Paid sponsorships (brand pays you money)
- • Free products/services worth over ~$50
- • Affiliate links (you earn commission)
- • Brand partnerships/ambassadorships
- • Gifted products you choose to promote
- • Employee promoting own brand
No Disclosure Needed
- • Products you purchased yourself
- • General education (no specific brand)
- • Unsponsored comparisons
- • Unsolicited gift under $50 (not promoted)
Common Disclosure Mistakes
Disclosure Buried in Caption
Problem: Disclosure too far down; viewers may not see it without clicking "more"
Fix: Put #ad at the very beginning of caption
Using Vague Terms
Problem: #partner or #collab could mean unpaid collaboration
Fix: Use #ad or #sponsored explicitly
Not Disclosing Gifted Products
Problem: Thinking free products don't require disclosure
Fix: Disclose with #gifted or #ad (safer)
International Disclosure Requirements
United States (FTC)
Standard: "Clear and conspicuous" disclosure
Acceptable: #ad, #sponsored, "Paid partnership" label, Verbal disclosure
United Kingdom (ASA)
Standard: #Ad or "Ad" label required
Acceptable: #Ad (capital A), "Ad" written out, TikTok Branded Content toggle
European Union
Standard: Varies by country, disclosure must be clear
Acceptable: Local language (#Werbung in Germany), most use #ad
Consequences of Not Disclosing
FTC Enforcement
- • Warning letter (first offense)
- • Fines: $43,280 per violation (maximum)
- • Required training on endorsement guidelines
- • Public record of violation
TikTok Enforcement
- • Content removal
- • Account suspension or ban
- • Loss of Creator Marketplace access
Frequently Asked Questions
Frequently Asked Questions
Advanced Disclosure Scenarios
Complex Partnership Situations
Long-Term Brand Ambassadorships
Situation: You're a 6-month brand ambassador posting regularly about the brand
Disclosure Required: Yes, every single video must include disclosure
Best Practice: Use TikTok's Branded Content toggle + #brandambassador or #ad in caption
Affiliate Links
Situation: You earn commission when viewers purchase through your link
Disclosure Required: Yes, affiliate relationships must be disclosed
Best Practice: Use #affiliate or #ad + mention "I earn commission" verbally
Gifted Products
Situation: Brand sent free product with no payment or posting requirement
Disclosure Required: Yes if product value is significant ($50+)
Best Practice: Use #gifted or #ad to be safe
Employee and Ownership Disclosures
Promoting Your Own Business
Situation: You own the company/product you're promoting
Disclosure Required: Yes, viewers need to know you have financial interest
Example: "I'm the founder of [Company]" or "This is my product"
Employee Promoting Employer
Situation: You work for the company and create content about it
Disclosure Required: Yes, material connection exists
Example: "I work at [Company]" or "As a [Company] employee..."
Platform-Specific Disclosure Tools
TikTok's Branded Content Features
How to Enable Branded Content Toggle
- 1. Create your video as normal
- 2. Before posting, tap "More options"
- 3. Toggle on "Brand content"
- 4. Search and add the brand's TikTok account
- 5. Post - viewers will see "Paid partnership with [Brand]" label
Benefits of Using Official Toggle
- • Clear, standardized disclosure format
- • Brands can track performance through TikTok analytics
- • Demonstrates professionalism to brands
- • Reduces risk of FTC violations
- • Required for TikTok Creator Marketplace deals
Cross-Platform Disclosure Consistency
If you post the same sponsored content across multiple platforms, ensure proper disclosure on each:
TikTok:
- • Branded Content toggle
- • #ad in caption
- • Verbal disclosure
Instagram:
- • "Paid partnership" tag
- • #ad in caption
- • Story sticker disclosure
YouTube:
- • Check "Paid promotion" box
- • Verbal disclosure in video
- • Written disclosure in description
Brand Contract Disclosure Clauses
What to Include in Your Contracts
Protect yourself legally by including clear disclosure requirements in brand contracts:
Standard Disclosure Clause
"Creator agrees to clearly and conspicuously disclose the material connection with Brand in accordance with FTC guidelines. Disclosure will include: (1) TikTok's Branded Content toggle, (2) #ad or #sponsored hashtag at beginning of caption, and (3) verbal disclosure in video content."
Liability Protection Clause
"Brand acknowledges that Creator will comply with all applicable advertising disclosure laws and regulations. Creator is not liable for FTC violations if Brand requests Creator to hide or minimize disclosures."
Red Flags: When Brands Ask You to Violate Rules
If a brand says: "Don't use #ad, just say you love it"
Your response: "I'm legally required to disclose. I can use #ad or we can't proceed."
If a brand says: "Put disclosure at the end of caption"
Your response: "FTC requires disclosure at the beginning where it's immediately visible."
If a brand says: "Don't mention it's sponsored"
Your response: Walk away. This violates federal law and puts YOU at legal risk.
Disclosure Best Practices by Content Type
Product Reviews and Unboxings
Sponsored Review
Start video: "Thanks to [Brand] for sponsoring today's review" + #ad in caption + Branded Content toggle
Gifted Product
Mention: "[Brand] sent me this to try" + #gifted or #ad in caption (safer to use #ad)
Affiliate Link
Say: "I earn commission if you use my link" + #affiliate or #ad in caption + link in bio
Tutorial and Educational Content
Sponsored Tutorial
Disclose upfront: "In partnership with [Brand], here's how to..." + #ad + Branded Content toggle
Product Integration in Tutorial
If brand paid for product placement: "Using [Brand] products (sponsored)" + #ad
Monitoring and Enforcement
How the FTC Monitors Compliance
Enforcement Methods
- • Consumer Complaints: FTC investigates reports from viewers
- • Automated Monitoring: AI tools scan for undisclosed sponsorships
- • Industry Sweeps: Periodic reviews of high-profile creators
- • Competitor Reports: Other creators may report violations
- • Brand Audits: Brands may be investigated, leading to creator review
Recent FTC Actions
The FTC has increased enforcement in recent years:
- • 2023-2024: Multiple warning letters to influencers
- • Fines issued to creators with repeated violations
- • Brands held accountable for influencer non-compliance
- • Increased focus on TikTok and short-form content
Self-Audit Checklist
Review your content monthly to ensure compliance:
□ All sponsored content has #ad or #sponsored at beginning of caption
□ Branded Content toggle enabled for all paid partnerships
□ Verbal disclosures included in videos
□ Affiliate relationships clearly stated
□ Gifted products marked appropriately
□ No ambiguous terms like #collab without additional disclosure