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Do You Need #Ad?

Answer each question below to find out if your post needs #ad, #gifted, or no label. Based on FTC, ASA, and Ad Standards guidelines.

Disclosure Checklist

0/7 answered

Are you posting content referring to a product, service, or brand?

This includes reviews, mentions, tutorials, unboxings, comparisons, or any content where a brand, product, or service is identifiable.

Are you the brand or an agency — not the creator?

If you're the brand or agency behind the campaign (not the influencer posting), you're responsible for ensuring the creator follows disclosure rules.

Have you received financial payment for this content?

Direct payment, sponsorship fees, campaign budgets, or any monetary compensation from the brand for creating or posting this content.

Have you received any benefit from the brand?

Free or discounted products, meals, services, trips, hotel stays, event invitations, experiences, company shares, or any other non-monetary benefit.

Has the brand directed or approved your content?

Did they provide talking points, approve the content before posting, request specific messaging, or give a content brief? If so, this is a paid partnership — not just a gift.

Are you sharing discount codes or affiliate links?

Referral links, promo codes, trackable URLs, or any link where you earn commission or the brand can attribute sales to your content.

Do you have a commercial connection to the brand?

You, a family member, or friend owns/co-owns the brand. Or you're an employee, brand ambassador, agency partner, shareholder, or advisor.

Which Label Should You Use?

Understanding the difference between #ad, #gifted, and no label is critical. The FTC fines up to $51,744 per violation.

#Ad

Required when any financial payment, affiliate link, brand-directed content, or commercial connection exists. Must be the first word in text or spoken in the first seconds of video.

#Gifted

Required when you received a free product or benefit but the brand did NOT direct your content. The product was gifted with no strings attached.

No Label

Only when there is zero material connection — no payment, no gifts, no affiliate links, no commercial relationship of any kind.

Platform Disclosure Tools

Each platform has a built-in disclosure mechanism. You must use the platform tool AND visible text (#ad).

Frequently Asked Questions

Do I need to disclose gifted products?
Yes. The FTC considers gifted products a 'material connection.' You must disclose even if you weren't paid — free products, trips, services, and event invitations all require at minimum a #gifted label.
Is the platform branded content tool enough on its own?
No. Platform tools like Instagram's Paid Partnership tag are required but not sufficient. The FTC and ASA require visible text disclosure (#ad or #sponsored) alongside any platform-provided label.
Where exactly should #ad appear in my post?
Before the 'more' fold — first line of your caption on Instagram, text overlay on TikTok, and verbally within the first 30 seconds on YouTube. Burying #ad in 30 hashtags does not count.
Can nano-influencers with under 10K followers get fined?
Yes. The FTC has no minimum follower threshold. Nano-influencers have received warning letters. In 2026, penalties can reach $51,744 per undisclosed post.
Do affiliate links always require #ad?
Yes. Affiliate links create a material connection because you earn commission. Every post with an affiliate link needs clear disclosure — 'affiliate link' or 'I earn a commission' in visible text.
What if a brand logo appears accidentally in my video?
Accidental brand appearances generally don't require disclosure. However, automated review systems scan every frame — visible logos can trigger trademark-related reviews or commercial content classification, even if unintentional.

Complete Influencer Compliance Guide

7-step roadmap covering disclosure rules, platform tools, hidden triggers, regional laws, and policy monitoring — with platform-specific filtering.

8 Platforms
7 Steps
FTC, DSA, ASA Covered
Open Compliance Roadmap