FTC · FDA · Influencer

We review your ads for FTC and FDA compliance.

Have your ads and influencer deals reviewed for compliance before they run, and reduce the risk of steep fines and FTC enforcement.

Starting at $1,495 per campaign or review

Published · Updated

TL;DR

Modern Mark reviews advertising claims, influencer disclosures and promotional content for FTC and FDA compliance.

Under the core rules, claims must be truthful and backed by evidence before you make them, and endorsements must clearly disclose material connections. Claims for cosmetics, supplements and foods also have to stay on the right side of the drug line.

Do influencers have to disclose sponsored posts?

Yes. The FTC’s Endorsement Guides require a clear and conspicuous disclosure of any material connection, such as payment, free product or affiliate commissions. Brands can be held responsible for their influencers’ posts.

Disclosures have to be easy to see and understand on the platform where the post appears. Burying one in a hashtag list or behind “more” does not meet that standard.

What makes an advertising claim illegal?

A claim that is false or misleading, or an objective claim made without a reasonable basis at the time you make it. Health claims generally need competent and reliable scientific evidence.

“Clinically proven,” “doctor recommended” and specific numbers are claims you need to be able to back up before the ad runs.

What can a supplement claim on its label?

Structure/function claims such as “supports joint health” are allowed with the required FDA disclaimer. Claims that it treats, cures or prevents a disease make it an unapproved drug.

When does a cosmetic become a drug?

When its claims say it treats or prevents disease or changes the structure or function of the body, as “regrows hair” and “heals acne” do.

Can I say my product is “Made in USA”?

Only if all or virtually all of it is made in the United States. The FTC’s Made in USA Labeling Rule allows civil penalties for violations; qualified claims are available for products that don’t meet the standard.

Can I use customer reviews in my marketing?

Yes, if they are genuine and not misleading. The FTC’s rule on consumer reviews and testimonials bans fake reviews, buying reviews and suppressing negative ones, with civil penalties for violations.

Not legal adviceThis page offers general information and does not give legal advice about your situation. Laws, rules and fees change, and every matter turns on its own facts. Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.

How it works.

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Tell us your needs

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Schedule your Strategy Session

If we can help, you’ll get a link to a 45-minute strategy session with clear next steps and a quote.

More questions.

Q01Can you review my ad before it runs?

Yes. Reviewing claims and disclosures before launch is the core of this service.

Q02Do these rules apply to small businesses?

They do. FTC and FDA rules apply regardless of company size.

Q03What happens if an influencer does not disclose a paid post?

The FTC can act against both the influencer and the brand. Disclosure requirements in your influencer agreements, plus monitoring, reduce the risk.

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