Sooner or later, someone offers you something. A free copy of their course, a product to try, a little money for a post, or a swap where you promote each other. Before you say yes, you need to know when you have to tell your audience about it.
This lesson covers the general idea behind US endorsement rules, the situations that catch beginners off guard, and how to word a disclosure so people actually notice it. It also covers the other side, when you're the one asking for reviews.
The short version
- This is general US information, not legal advice, and other countries have their own rules, so check official sources and a qualified professional.
- If you got paid, got something free, or have any connection your audience wouldn't expect, say so clearly.
- Put the disclosure where people will see it before they decide, in plain words.
The basic idea
In the US, the FTC, or Federal Trade Commission, is the government agency that deals with deceptive advertising. It publishes guidance on endorsements, which means recommendations, reviews or other messages where someone says good things about a product.
The general idea is simple. If you have a connection to a product that could affect how people weigh what you say, you're generally expected to tell them. The FTC calls this a material connection.
The affiliate marketing lesson covered disclosure for affiliate links. Affiliate commissions are just one kind of connection. Here are the others.
Situations that count
Beginners often think disclosure is only about being paid in cash. It's broader than that. In general, these are the kinds of connections to disclose:
- You were paid to post, review or mention something.
- You got it free, whether that's a product, a course, software access or a review copy.
- You got a discount or other perk that most people don't get.
- You earn a commission when people buy through your link.
- You know the creator personally, like a friend, family member or business partner.
- You work for or with the company, including as a contractor.
- You did a promotion swap, where you promote their thing and they promote yours.
If you're not sure whether something counts, ask yourself one question. Would my audience want to know this before they decide? If the answer is probably yes, disclose it.
When in doubt, disclose it in plain words, before people decide.
"But I'd have said the same thing anyway"
That might be true. It doesn't change the rule. The point of disclosure is to let your audience decide how much weight to give your opinion. They can't do that if they don't know about the connection.
How to word it
A disclosure should be clear and conspicuous, which in plain words means easy to notice and easy to understand. Fancy wording doesn't help. Plain words do.
Good examples
- "The company sent me this for free to try."
- "This is a paid post. I was paid to share it."
- "Full disclosure: the creator of this course is a friend of mine."
- "I'm promoting this as part of a swap. They're promoting my newsletter too."
Weak examples
- A hashtag buried in a pile of other hashtags at the end of a post
- A link to a separate "disclosures" page nobody clicks
- Vague words like "thanks to my partner" that don't say what the relationship is
- Tiny, faint text at the very bottom of a long page
Where to put it
Put the disclosure close to the recommendation, and before people have to click or buy. On a blog post, near the top and near the link. In an email, before the recommendation, not in the footer.
In videos, say it out loud and show it on screen, early. In a live stream, say it more than once, since people join late. On image-only posts, put it on the image or at the start of the caption.
Platform labels
Many social platforms have a built-in "paid partnership" or similar label. Using it is a good idea. But a platform label may not be enough by itself, especially if it's small or easy to miss. Saying it in your own words too is the safer habit.
When you're the one asking for reviews
Once you sell your own product, the rules apply to you from the other direction. The honest sales page lesson touched on fake reviews. Here's what that looks like in practice.
Asking customers
It's generally fine to ask real customers for honest reviews. Ask everyone, not just the people you think are happy. Don't hide, delete or bury negative reviews just because they're negative.
If you offer something in exchange for a review, like a discount on a future purchase, it generally shouldn't depend on the review being positive. Those reviews should also be clearly marked as incentivized, meaning the reviewer got something for writing them.
What not to do
- Don't write reviews of your own product or have friends and family write them as if they were regular customers.
- Don't buy reviews or trade reviews with other sellers.
- Don't edit a customer's review to make it sound better.
- Don't show unusual results as if they're what most people get.
The FTC has taken action on fake and misleading reviews. Even setting the rules aside, fake reviews tend to come out eventually, and they cost you the one thing you can't buy back.
Your partners and affiliates
If you give people free copies, pay them, or have them promote your product, tell them they need to disclose the connection. Put it in writing in your partner or affiliate terms. If you see someone promoting your product without disclosure, ask them to fix it.
Do this next
If you got something, say so. It's the cheapest trust you'll ever build.
Veteran. Gen Xer. Thirty-plus years building things on the web. I write these so you can skip some of the expensive mistakes.