New FTC Marketing Guidelines
The FTC made its biggest moves on endorsement and review disclosure rules in over a decade — a revised set of Endorsement Guides in 2023, followed by a final rule banning fake reviews in 2024. Here's what actually changed, and what it means for affiliates specifically.
The FTC updated its Endorsement Guides in 2023 — the first revision since 2009 — broadening what counts as an "endorsement" and tightening what counts as a "clear and conspicuous" disclosure. In 2024, it followed up with a final rule banning fake reviews, bought reviews, and undisclosed insider testimonials. Together, these are the most significant updates to affiliate and influencer disclosure obligations in over a decade.
The Two Updates, at a Glance
Two separate but related FTC actions reshaped disclosure and endorsement rules over 2023 and 2024. The first was a revision of the FTC's Endorsement Guides — the long-standing guidance on how endorsements and testimonials should be disclosed — which hadn't been substantively updated since 2009. The second was a formal Trade Regulation Rule specifically targeting fake and manipulated reviews, giving the FTC clearer enforcement authority with defined civil penalties.
The 2023 Endorsement Guides Update
On June 29, 2023, the FTC announced revised Endorsement Guides, effective July 26, 2023 — the first substantive update since 2009. The revision was aimed squarely at how endorsements now happen across social media, influencer marketing and online advertising.
Broader definition of "endorsement"
The updated Guides clarify that endorsements can include subtler actions like tagging a brand in a post, not just direct verbal statements or logo use.
Stricter "clear and conspicuous" standard
Disclosures must now be "difficult to miss" — visual disclosures for visual content, audible disclosures for audio or video content, and unavoidable without requiring a click-through.
Liability extended to intermediaries
The updated Guides establish that advertising agencies, PR firms and management companies can also bear responsibility for non-compliant content they help create or distribute.
New guidance on reviews
The Guides added direction against manipulating reviews — including procuring, suppressing, boosting or organizing them in misleading ways.
The 2024 Reviews and Testimonials Rule
On August 14, 2024, the FTC announced a final Trade Regulation Rule on the Use of Consumer Reviews and Testimonials, effective October 21, 2024. Unlike the Endorsement Guides, this is a formal rule with defined civil penalty authority, following a rulemaking process that began in late 2022.
Why This Matters for Affiliates
Directly relevant if you
- Write product reviews or comparisons as part of your affiliate content
- Post on social media with affiliate links or brand tags
- Use testimonials, quotes or "as seen on" language in your content
- Work with sub-affiliates, contractors or agencies on your content
Worth keeping in mind
- A hashtag alone (like #ad) may not meet the stricter "clear and conspicuous" standard depending on placement
- Platform-provided disclosure tools aren't automatically considered sufficient
- Both updates apply regardless of platform — website, social media, video or podcast
A Practical Compliance Checklist
Four habits to build into your content process
- Make disclosures impossible to miss. Place affiliate/sponsorship disclosures where they can't be scrolled past, cut off, or hidden behind a "see more" link — and match the disclosure format to the content format (visual for visual, spoken for audio/video).
- Never fabricate or dress up a review. Only publish reviews and testimonials that reflect genuine experiences, and never use AI-generated or purchased reviews to misrepresent a product's reception.
- Disclose insider or personal connections. If you or someone close to you has a relationship with the company or product beyond the standard affiliate arrangement, disclose that too.
- Review your own review policies. If you collect or display reviews on your own site, make sure you're not suppressing negative ones or misrepresenting a controlled page as independent.
Perspective & Considerations
Why this matters right now
- These are the most significant disclosure rule changes affiliates have seen in over a decade
- The 2024 rule specifically carries defined civil penalty authority, raising the practical stakes
- Compliant, transparent content also tends to build more durable trust with readers
Considerations
- This article is a summary, not a substitute for reading the FTC's own guidance or consulting an attorney
- FTC enforcement priorities and guidance can continue to evolve — check ftc.gov for the latest
- Your specific obligations can depend on your jurisdiction, platform and content format
Keep Your Content Compliant
Review your program's disclosure requirements in your MarketHealth affiliate dashboard, and make sure your content practices reflect the latest FTC guidance.
Join MarketHealthFrequently Asked Questions
When did the FTC's Endorsement Guides actually change?
Is the fake reviews rule the same thing as the Endorsement Guides?
Does a hashtag like #ad still count as sufficient disclosure?
Does this apply to affiliates, or just brands and influencers?
Is this article a substitute for legal advice?
A Note on This Article
This article summarizes two publicly documented FTC actions — the 2023 Endorsement Guides revision and the 2024 Reviews and Testimonials Rule — for general awareness. It is not legal advice and should not be relied on as a complete or current statement of the law. FTC guidance and enforcement priorities can change; always check ftc.gov directly and consult a qualified attorney for guidance specific to your situation.