What counts as a real Black Friday discount?

A discount is only as real as the price it's measured against. The FTC's Guides Against Deceptive Pricing say a former price must be a bona fide one, offered to the public regularly for a reasonably substantial period. A price raised just to create a bigger markdown is treated as fictitious. A list or suggested price can mislead too, if it sits well above what the product actually sells for.

Affiliates rarely see a merchant's price history, so don't assume. Ask the advertiser for the dates behind any comparison price, and save the answer with a screenshot of the offer. If you can't get that, state today's price and the offer terms and skip the comparison.

Federal pricing cases are rare. A July 2026 InvestigateTV report quoted a nonprofit editor saying the FTC hasn't enforced its deceptive-pricing rules in more than 40 years. That isn't a free pass: the same report points to settlements, class actions and state attorney general suits over pricing.

Can you use countdowns and "limited stock" messages?

Yes, when they're true. Section 233.5 of the pricing guides names a "limited" offer that isn't actually limited as a problem practice. The FTC staff's 2022 dark patterns report lists baseless countdown timers, false low-stock messages and false limited-time claims among the tactics it flags.

• Deadlines: use the end date the advertiser gave you in writing. A timer should stop at that date, not reset for each visitor.
• Stock: only say an item is running low if the advertiser supplied current inventory information.
• Expired offers: after the sale ends, update the page. Old deal pages that still say "ends tonight" are a common miss.

How do the fake-review rule and Endorsement Guides apply to holiday roundups?

The FTC's Consumer Review Rule (16 CFR Part 465) bars fake reviews and testimonials, including ones that misrepresent that the reviewer exists or used the product. It also covers buying reviews with a required sentiment, undisclosed insider reviews and company-controlled sites posing as independent. On December 22, 2025, the FTC sent warning letters to ten companies. The letter template cites civil penalties of up to $53,088 per violation. Confirm the current figure on ftc.gov before you quote it. The agency had not found that any recipient broke the rule.

For a "best gifts" roundup, that comes down to a few habits:

• Say "tested" or "tried" only if a real person tested or tried the product.
• Don't write sample "customer quotes" or use AI to generate them. The rule doesn't mention AI, but on its face it covers a review from someone who doesn't exist. Our post on Google's fake-author guidance covers the search side of the same problem.
• Don't reuse star ratings you can't trace to a source you can name.
• If you own or control a brand in the roundup, say so. Don't describe the page as independent.

Which supplement and topical claims belong in a gift guide?

A gift guide doesn't lower the claims standard. The FTC's Health Products Compliance Guidance says health benefit claims need competent and reliable scientific evidence, that testimonials can't stand in for it, and that a supplement disclaimer doesn't fix a deceptive claim. Use the advertiser's approved wording and keep the holiday angle on the gift, not the outcome.

Our supplement launch checklist and telehealth landing page checklist go deeper on claims, and the telehealth compliance hub covers program rules.

Where should disclosures go in deal posts, emails and social?

Deal content is commercial by nature, but that doesn't remove the need to disclose. The FTC's plainest line: "The closer the disclosure is to your recommendation, the better." Its FAQ also warns that readers can miss a note at the very top of a page, that a home-page disclosure isn't enough, and that a hyperlinked "disclosure" button is easy to avoid.

Skip vague labels. The FTC says "affiliate link" alone may not tell people you're paid, "commissionable link" probably isn't clear, and a "buy now" button isn't a disclosure. The email and social placements above are our reading of that guidance, not FTC text.

What does a compliant Black Friday promo look like?

• Comparison prices are backed by dates from the advertiser, saved with a screenshot
• Exclusions, minimums and renewal terms sit next to the deal claim
• Deadlines match the advertiser's written end date, and timers don't reset
• Low-stock wording comes from current advertiser data
• Every review, rating and "tested" claim traces to something real
• Product claims match approved wording, with no outcome timelines
• Telehealth copy keeps diagnosis and prescribing with a licensed clinician
• A plain disclosure sits close to the links in every channel
• Someone has a date on the calendar to update or pull the page after the sale

Frequently asked questions

Sources

• 16 CFR Part 233: Guides Against Deceptive Pricing
• 16 CFR Part 465: Rule on the Use of Consumer Reviews and Testimonials
• FTC: Consumer Review Rule warning letter template (December 22, 2025)
• Kelley Drye: FTC warns companies of potential violations of the Consumer Review Rule
• FTC: Endorsement Guides, What People Are Asking
• FTC: Health Products Compliance Guidance (December 2022)
• FTC staff report: Bringing Dark Patterns to Light (September 2022)
• InvestigateTV via WEAU: How some retailers inflate original prices (July 27, 2026)