FTC Affiliate Marketing Compliance: What the 2023 Guides Actually Require
The FTC updated its Endorsement Guides in 2023 with clearer rules on disclosure placement, social media, and AI-generated content. Most affiliates are still following the old playbook — and the updated rules are stricter.
The three core FTC requirements for affiliates
Disclose before the recommendation
The disclosure must appear before the endorsement — not after the product mention, not at the end of the post, not in the comments. The FTC calls this 'before the fold' — the viewer must see it before acting on the recommendation.
Make it clear and conspicuous
Disclosures must be impossible to miss. Small font, light-colored text, disclosures embedded in long hashtag strings, or text that appears for less than 3 seconds on screen do not meet the standard.
Disclose the material connection
The disclosure must explain the relationship — not just that content is commercial, but specifically that you earn a commission when viewers buy. 'Ad' is borderline; 'I earn a commission' is clear.
Disclosure language that satisfies FTC requirements
Amazon affiliate — standard
"As an Amazon Associate I earn from qualifying purchases."
Amazon's required language. Use exactly this phrasing in addition to your FTC disclosure.
General affiliate — verbal/short-form
"This video contains affiliate links — I earn a commission if you buy through them."
Works for TikTok, YouTube Shorts, Instagram Reels. Say it in the first 5 seconds.
Blog post — visible before content
"Disclosure: This post contains affiliate links. If you purchase through them, I earn a commission at no extra cost to you."
Place before the first affiliate link, not at the bottom of the post.
"Some links in this email are affiliate links — I may earn a commission if you purchase through them."
Near the top of the email, before product mentions.
Practices the FTC has specifically called out as violations
Disclosure buried in hashtags
#ad buried among 20+ other hashtags — viewers won't notice it. The FTC requires disclosure to stand out from surrounding content.
Disclosure after the product recommendation
Mentioning a product, then disclosing the affiliate relationship afterwards. FTC requires disclosure before the recommendation influences the viewer.
Using 'collab' or 'partner' without affiliate disclosure
Vague terms like 'partner', 'collab', or 'sponsored' don't adequately explain that you earn a commission on purchases. The FTC has specifically called this out.
Claiming to 'just use' or 'genuinely love' undisclosed affiliate products
Presenting affiliate content as organic personal use — 'I just discovered this' or 'I personally swear by this' — while earning a commission is deceptive under the Endorsement Guides.
AI-generated endorsements without disclosure
The 2023 Guides specifically cover AI-generated reviews and testimonials. AI-written content with affiliate links requires the same disclosure as human-written content.
What BanProof checks for FTC compliance
Disclosure placement
Flags disclosures that appear after the recommendation, buried in hashtags, or in places viewers are unlikely to notice before clicking a link.
False claim detection
Identifies language the FTC treats as deceptive — unsubstantiated efficacy claims, fake urgency, and implied endorsements that don't reflect the real relationship.
Platform-specific checks
Each platform has different layout constraints that affect what 'clear and conspicuous' means. BanProof checks disclosure adequacy per platform.
FTC Enforcement Is Real for Individuals
The FTC has sent enforcement letters to individual creators, not just brands. Civil penalties can reach $51,744 per violation. The 2023 Guides update specifically addressed social media, short-form video, and AI-generated endorsements — areas most affiliates haven't updated their practices for. TikTok Shop and Amazon Associates don't protect you from FTC enforcement — those are contractual relationships. The FTC is a separate authority.
Check every piece of content against FTC rules before posting
BanProof flags missing disclosures, poor placement, and deceptive language across TikTok, YouTube, Instagram, and blog content.
Run a free auditBanProof.io is an independent AI compliance tool. FTC guidance based on the 2023 Endorsement Guides — always verify current requirements at ftc.gov.