The FTC Endorsement Guides Explained
16 CFR Part 255 is the foundation of US affiliate disclosure. What the Endorsement Guides require, their legal force, and how to use them.
The FTC Endorsement Guides — formally, the Guides Concerning the Use of Endorsements and Testimonials in Advertising, codified at 16 CFR Part 255 — are the foundational US framework for affiliate and influencer disclosure. They interpret Section 5 of the FTC Act, which prohibits “unfair or deceptive acts or practices.” The Guides themselves are administrative guidance rather than a standalone statute, but they tell you exactly how the Commission reads the law, and courts and the FTC rely on them in enforcement.
What the Guides require
At their core, the Guides establish two duties. First, endorsements must reflect the honest opinions and actual experience of the endorser. Second, when there is a material connection between the endorser and the seller that consumers would not expect, that connection must be disclosed clearly and conspicuously. For affiliate marketers, the second duty is the operative one: your commission is a material connection, and it must be revealed.
Guidance with teeth
Although the Guides are not themselves a penalty rule, the FTC enforces the underlying deception through Section 5, through the Notice of Penalty Offenses, and — since 2024 — through the binding Rule on the Use of Consumer Reviews and Testimonials. Treat the Guides as mandatory.
The history in brief
The Guides were first issued in 1980 and substantially revised in 2009 to address blogging and social media. The most recent and most significant update came in June 2023, when the Commission modernized the Guides for the influencer era, added a formal definition of “clear and conspicuous,” and expanded the concept of an endorsement. See what changed in the 2023 revision.
The three documents you should know
- The Endorsement Guides themselves (16 CFR Part 255) — the rules.
- “FTC’s Endorsement Guides: What People Are Asking” — the FTC’s detailed staff FAQ, and the single most practical document for affiliates.
- “Disclosures 101 for Social Media Influencers” — a plain-language guide aimed at creators.
How to use this section
Start with the clear-and-conspicuous standard, which defines what an adequate disclosure looks like. Then learn how to write one and where to place it. For platform-specific rules, see disclosures by platform.
Authoritative sources
Last reviewed July 2026. This page is general educational information, not legal or tax advice.