The FTC holds brands and agencies responsible too, not just the creator. You have to tell creators exactly how to disclose, require it in the contract and actually monitor what gets posted, you cannot shrug and say the creator handled it. The 2023 guidelines pulled this firmly into scope and penalties run per violation and stack across a campaign. Build disclosure into your brief and contract, then check the live posts. This is general info, not legal advice, so loop in counsel for your program.
Liability is shared
Brands and agencies are on the hook, not only the creator. The FTC has been clear.
Put it in the contract
Spell out how to disclose and require it in writing. A reminder is not enough.
Monitor the posts
Check live content for compliant disclosure. You cannot delegate and forget.
Penalties stack
Fines run per violation across a campaign. Compliance is far cheaper than the fine.