Guides
FTC Affiliate Disclosure for Newsletters: What US Publishers Must State
FTC affiliate disclosure newsletter rules: what US publishers must state in affiliate and sponsored email, with California and New York examples.
What to take away
- The FTC Endorsement Guides cover affiliate links and paid mentions in email newsletters, not only social media posts.
- A compliant disclosure names the financial connection in plain words and sits before the first affiliate link.
- California and New York enforcers can act on the same facts under state statutes without waiting for the FTC.
- Remedies include an order to stop the campaign, disgorgement of affiliate revenue, and a corrective notice to the list.
- Keep an exported copy of each issue, a link map, and the exact disclosure wording.
The federal rule that applies
The FTC treats an affiliate commission as a material connection between publisher and merchant. That connection exists whether the merchant pays per click, per sale, or per signup. Readers must know about it before they act on the link. 16 CFR Part 255 is the controlling text.
The FTC Disclosures 101 guidance states the operative test: clear and conspicuous. Clear means a reader grasps the arrangement without hunting. Conspicuous means the wording sits in the flow of the email, not in a footer or behind a link labeled legal.
The word affiliate on its own fails that test. Most subscribers read it as a link type, not as a payment. Sponsored issues bought outright carry the same duty, described in how FTC disclosure rules apply to sponsored US newsletter issues.
Example: a disclosure block that works
Place the statement directly above the first affiliate link, in the same type size and color as body text. Three sentences is enough.
Disclosure: This issue contains affiliate links. We earn a commission if you buy through them, at no extra cost to you.
No asterisk, no tooltip, no separate advertising page. Where an issue carries two sponsored sections, repeat the statement in each.
Where the disclosure goes
Placement and wording both matter. Run four checks before you hit send.
- Put the disclosure above the first affiliate link in the issue.
- Repeat it in every later section that contains a link.
- Describe the money, not the mechanismwe earn a commission beats affiliate link.
- Check the rendered email on mobile and in a text-only client, where color and styling disappear.
Compliant Affiliate Disclosure Checklist
- State newsletter may earn commission
- Place before first affiliate link
- Repeat in each section with paid links
- Use plain subscriber-friendly language
- Avoid hiding in footnotes or links
| Placement | What the FTC looks for |
|---|---|
| Above the first affiliate link | Wording visible without scrolling past the link |
| Each section with links | Same statement repeated near the paid link |
| Mobile and text-only views | No color or font size carrying the message alone |
Disclosure Placement Requirements
Placement
- Before first affiliate link
- Visible without scrolling
- In each section with links
- Same disclosure repeated near paid link
- Mobile and text email
- No formatting that hides statement
What FTC Looks For
- Before first affiliate link
- In each section with links
- Mobile and text email
The FTC native advertising guide applies the same logic to labeled content. A tag such as partner content fails when readers cannot tell who paid.
What counts as a material connection
Cash is the obvious trigger. Store credit, free product, a discount code for the publisher, and a tiered bonus all count the same way.
So does a placement traded with another publisher. That trade is why the terms in a newsletter cross-promotion swap agreement should require both sides to disclose it.
Section 5 of the FTC Act makes deceptive omissions unlawful. The missing statement is the violation, not the link itself.
Records to keep
- Export each issue as sent, with affiliate URLs intact.
- Keep a link map naming the merchant and the payout term.
- Log the send date, list size, and the disclosure wording used.
- Retain for several years, alongside tax and contract files.
A merchant can change its program terms after the send, and a live link may stop showing the arrangement. The exported copy records what subscribers saw.
Which regulators can act
The FTC enforces through Section 5 of the FTC Act, which bars deceptive acts in commerce. State attorneys general work from their own statutes.
California uses Business and Professions Code 17200 and its False Advertising Law. New York uses General Business Law sections 349 and 350. Both reach deceptive omissions, which is how a hidden paid link is usually framed.
Neither state must wait for a federal case. If you also store subscriber details, the California and Colorado privacy map for newsletter audience data covers the retention side.
What happens after a violation
The FTC can order a publisher to stop the campaign, give up affiliate revenue, and send a corrective notice to the list. Civil penalties can attach in rule violation cases.
Exposure scales with the mailing, because each issue reaches readers as its own distribution. Most matters open with a letter or a records request rather than a lawsuit.
