US Influencer Marketing Regulations: Comprehensive Guide 2025

As the digital landscape evolves at an unprecedented pace, so too do the regulatory frameworks designed to protect consumers and ensure transparency. 2025 marks a pivotal year for influencer marketing in the United States, bringing forth enhanced guidelines and new legislation aimed at bolstering consumer trust, clarifying disclosure requirements, and holding all parties accountable. This guide provides a detailed overview of the critical regulations shaping the future of influencer marketing.

Active Regulations

Compliance Tasks

Impact Areas

Regulations Overview

Enhanced FTC Endorsement & Testimonial Guidelines (Update 2025)

Jurisdiction: US Federal (FTC)

Effective: January 1, 2025

Scope: Brands, agencies, influencers (including virtual/AI), platforms

Disclosure

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Transparency

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Endorsements

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Virtual Influencers

Jurisdiction: Stricter requirements for clear and conspicuous disclosure of material connections across all digital formats, including short-form video, audio, and AI-generated content, emphasizing prominence and clarity over mere hashtags.

Effective: Enacted

Scope: www.ftc.gov/influencer-guidelines-2025

Fines up to $50,120 per violation, cease and desist orders, potential civil litigation, reputational damage.

Children's Online Safety & Influencer Marketing Act (COSIMA)

Jurisdiction: US Federal (Congress/FTC)

Effective: July 1, 2025

Scope: Influencers targeting audiences under 16, brands using such influencers, platforms hosting content

Data Privacy

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COPPA

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Targeted Advertising

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Minor Protection

Jurisdiction: Prohibits specific manipulative marketing tactics targeting minors, mandates parental consent for data collection from underage audiences, and requires clear age-gating for certain products/services promoted by influencers.

Effective: Enacted

Scope: www.congress.gov/bill/cosima-2025

Significant fines (up to $100,000 per violation), platform liability, content removal, potential criminal charges for severe violations.

State-Level AI-Generated Content Disclosure Mandates (e.g., California AB 2025)

Jurisdiction: State (e.g., California, New York, Texas)

Effective: April 1, 2025

Scope: Influencers, brands, and platforms utilizing AI-generated or significantly altered content for commercial purposes

Disclosure

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Synthetic Media

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Deepfake

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Transparency

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Content Authenticity

Jurisdiction: Requires prominent and clear disclosure when content, or elements within it (e.g., virtual influencers, voice cloning, deepfakes, AI-enhanced visuals), is substantially generated or altered by artificial intelligence for commercial purposes.

Effective: Enacted (at state level)

Scope: www.ca.gov/ab2025-ai-disclosure

State-level civil penalties, consumer lawsuits, reputational damage, potential platform sanctions.

Brand Accountability for Influencer Non-Compliance (FTC Enforcement Clarification)

Jurisdiction: US Federal (FTC)

Effective: January 1, 2025

Scope: Brands and marketing agencies engaging influencers

Compliance

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FTC

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Partnership

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Liability

Jurisdiction: Brands are explicitly held liable for influencers' non-compliance with disclosure regulations if they fail to provide adequate guidance, monitoring, enforce contractual obligations, or take corrective action. This clarifies existing enforcement.

Effective: Clarified Enforcement

Scope: www.ftc.gov/brand-liability-2025

Direct brand fines, reputational damage, legal action against the brand, forced restitution to consumers.

Compliance Checklist

Review and update all influencer contracts to explicitly include 2025 disclosure requirements, AI content clauses, and brand liability provisions.

Owner: Legal/Marketing Department | Due: Q4 2024 / Annually

Conduct mandatory compliance training for all marketing teams, agencies, and active influencers covering new FTC, state-level, and child safety guidelines.

Owner: Marketing/Compliance Officer | Due: Biannually / Upon new regulation enforcement

Implement a robust content review and audit process for all influencer-generated content, both pre-publication and post-publication, to ensure full compliance.

Owner: Marketing/Social Media Manager | Due: Prior to campaign launch / Ongoing

Establish clear protocols for identifying and prominently disclosing AI-generated or synthetic media within all marketing content, adhering to state mandates.

Owner: Content Creation Team/Marketing | Due: Q1 2025 / Per content piece

Verify age-gating and parental consent mechanisms are correctly implemented for any campaigns targeting or potentially reaching audiences under 16.

Owner: Marketing/Product Development | Due: Prior to campaign launch

Update privacy policies to reflect changes in data collection and usage concerning influencer marketing, especially regarding minors and new data privacy acts.

Owner: Legal/Privacy Officer | Due: Q1 2025

Impact Matrix

Campaign Development & Strategy

High

Requires earlier planning, increased legal review, and a strategic shift towards more authentic, compliant, and transparent content creation.

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