#InfluencerInfractions: How Influencers Comply (or Don’t) with FTC Guidelines

Authors

• Christopher Terry, University of Minnesota
• Emma Troha, University of Minnesota
• Anastasia Micich, University of Minnesota
• Cecilia Lausten, University of Minnesota

Recommended Citation

Christopher Terry, Emma Troha, Anastasia Micich, and Cecilia Lausten, #InfluencerInfractions: How Influencers Comply (or Don’t) with FTC Guidelines, 17 Case W. Res. J.L. Tech. & Internet A6 (2026)
Available at: https://scholarlycommons.law.case.edu/jolti/vol17/iss1/6

Abstract

The Federal Trade Commission (FTC) released endorsement guidelines of sponsored content in 2023, including stipulations of clear and conspicuous disclosure, to combat content disguised as original, while actually having commercial intent. This paper examines compliance with these guidelines among travel influencers on Instagram. Overwhelmingly, influencers are not properly disclosing potential commercial sponsorship in their posts, and even good faith attempts to disclose are more often than not non-compliant with the FTC’s guidelines. Implications of these findings are discussed.