Influencer Advisory™What does influencer law say about disclosure?
Influencer law says creators must mark paid posts with #ad or paid collaboration. Here is what brands must check, and how to keep posts within the rules.
Founder · November 10, 2026 · 2 min read
Yes, there are rules. By law, an influencer has to mark a paid post as an ad, with #ad or paid collaboration, according to Luca's Insight Track. (Luca's Insight Track)
By law, you have to say to use the hashtag ad or paid collaboration. It shows that it's an ad.
Luca's Insight Track
Do influencers have to say a post is an ad?
Put #ad or paid collaboration in the post itself.
The tag sits with the creator. The brand still answers for what goes out.
Is a brand liable for what an influencer posts?
Tell creators the rules, check their posts, and act when they slip.
Why ask: The FTC expects a reasonable program: tell creators the rules, search for what they post, and act when they get it wrong. With one in place, it says one rogue influencer is unlikely to lead to a law enforcement action.
- Write the claim list first: M1 Finance was fined $850,000 by FINRA for not reviewing 1,700 influencers' posts before they went out, then adopted written supervisory procedures requiring review. FINRA, March 2024
Review gets harder when the product itself has rules on what anyone can say about it.
What can influencers not say about regulated products?
Pick creators who can speak within the claims rules.
In a regulated category the law limits what a brand can say, and some rules keep influencers off a product entirely. Finding creators who can promote the product within what the law allows.
Kalem Reece Nuttall at Symbro UK says a UK law stops them from using influencers for some of their foods.
Chantal Pasker at Bonusan says finding influencers is hard, and claims rules limit what they can say.
- Use creators the rules already trust: Differin partnered with board-certified dermatologist Dr. Camille Howard-Verovic and the Fat Mascara podcast for its fifth annual Retinoid Education Week, an FDA-approved over-the-counter acne retinoid campaign. PR Newswire, March 2022
- Measure it without a code: Cann, a cannabis beverage that cannot advertise to its 100,000 Instagram followers, tracked creator Jaz Melody's TikTok videos by watch time, gaining 9,000 new customers. Marketing Brew, November 2024
All of this adds up to a lot of checking for one channel.
Can someone run influencer compliance for us?
This is the work we take off a brand's plate, from finding creators who fit the rules to checking what they post.
Make influencer your main acquisition channel, with the lowest CAC.
If you have some of the steps in place, we audit what's missing in each and how to take it further.