US & the FTC

Disclosure Placement and Timing

Where and when a disclosure appears decides whether it passes. Placement rules for every format, from blog posts to live streams.

Where and when a disclosure appears matters as much as its wording. A perfectly worded disclosure placed where the audience will not see it before acting fails the clear-and-conspicuous standard. This page translates that standard into concrete placement rules.

The governing principle: proximity and precedence

Put the disclosure close to the recommendation and before the affiliate link, so the reader sees the disclosure and the link at the same time. The FTC’s test is that the audience should have the information they need at the moment they encounter the endorsement — not after, and not somewhere they must go looking.

Placement by format

FormatWhere the disclosure goes
Blog post / articleAbove the fold, before the first affiliate link — not only in the footer or a separate disclosure page.
Product reviewAt the top of the review, visible with the recommendation, plus near each affiliate link where practical.
Instagram / feed postIn the first two or three lines of the caption, before the “more” cutoff; not only in comments or bio.
Short video (TikTok / Reels / Shorts)Superimposed on screen and stated aloud early; captions alone are insufficient.
Long video (YouTube)At the beginning, in both audio and on-screen text; not only in the description.
Live streamRepeated periodically, since viewers join at different times.
Stories / ephemeralSuperimposed text large enough to read in the time the image is shown, with strong contrast.
Email / newsletterNear the top or immediately before the affiliate content.
PodcastSpoken aloud, close to the recommendation, not only in show notes.

Timing on video and live

Disclosures at the end of a video routinely fail, because many viewers do not watch to the end. On live streams, a single disclosure at the start fails for the opposite reason — viewers who join later never saw it. Repeat periodically.

Placement mistakes that consistently fail

  • A single disclosure on the homepage or “about” page only.
  • A disclosure below the fold, after the affiliate links.
  • A disclosure hidden behind a “more,” “see more,” or expandable element.
  • A disclosure in a hyperlink to a separate “disclosure” page.
  • A disclosure only in social-post comments or a profile bio.

Continue to good and bad examples to see the standard applied, or review platform-specific rules.

Last reviewed July 2026. This page is general educational information, not legal or tax advice.