What to do first when the product arrives broken or doesn't work

A cracked casing, a dead battery, a serum that left your cheeks blotchy — with a deadline looming, it's a sinking feeling. The first move is simple: document everything, and don't film the deliverable yet.

In the first 24 hours:

  • Photograph and video the problem as it is. Packaging, shipping label, the defect itself. Keep the raw files with their original timestamps.
  • Write down what you did. When it arrived, how and how often you used it. Two lines in your notes app is enough.
  • Rule out user error honestly. Re-read the instructions, charge it fully — plenty of "broken" products are a missed setup step.
  • If it's a skin, hair, or ingestible reaction, stop using it. Take dated photos, and talk to a pharmacist or doctor if it's more than mild. Your health is not a deliverable.
  • Pull up your contract or brief. Look for anything on defects, replacements, cancellation, or kill fees before you write to the brand.

Hold off on posting about it, venting in a creator group with the brand's name attached, or shooting a "make it look like it works" take. All three are hard to walk back.

How to tell the brand without sounding like you're backing out

Tell them quickly, in writing, and lead with a solution. A brand hears "there's a problem" very differently from "there's a problem, and here's how we still hit your date."

A calm script for email or the platform's messaging:

Hi [Name] — quick heads-up on the [product] for our [deliverable] due [date]. The unit I received [arrived with a cracked lid / won't hold a charge / caused redness after two uses — photos attached]. I want the video to be something we can both stand behind, so I haven't filmed yet. Two options: you send a replacement and I film within [X] days of it arriving, or I shift the concept to focus on [features that do work]. Happy to jump on a quick call if that's easier.

Why it lands: it's factual, it shows evidence, it protects their ad, and it hands them two easy yeses.

Try to send it within a day or two of spotting the problem. The worst version of this conversation happens the night before the deadline.

Can you still make the video honestly?

Usually, yes — just not the version that says "this changed my routine." Most deals survive a faulty unit, because there are honest formats that don't need results you didn't get.

The options that tend to save the deal:

  1. A replacement unit. The standard fix for shipping damage or a dud. Ask for the deadline to move with it — you need real time with a working product before you can speak to it.
  2. A reworked brief around what you can stand behind. The blender's motor died, but the design and the cleanup were genuinely good? A concept built on those is still useful creative.
  3. A demo-only format. Show how the product works — setup, texture, features, what's in the box — without claiming outcomes. Unboxings and walkthroughs fit, as long as the script sticks to what's visible on camera.

What doesn't work is any script with your results baked in, like "two weeks in and my skin is clearer." If it didn't happen, it doesn't go in your script — no matter how the brief is written.

Is it legal to claim results you didn't get?

No — not in the US, and not in most markets. The FTC's Endorsement Guides say an endorsement has to reflect the endorser's honest opinions, findings, or experience, and that someone presented as a user must actually have used the product. The FTC's 2024 rule on fake reviews and testimonials adds teeth: testimonials that misrepresent the person's experience can bring civil penalties.

In plain terms: in UGC, your face is the claim. When you look into the camera and say "this cleared my breakouts," viewers read it as your real experience — even when it runs as a paid ad from the brand's account rather than yours.

Brands carry most of the legal exposure, but creators aren't automatically off the hook — and the reputational cost is all yours. In practice:

  • Don't say or imply results you didn't get, even if the brief scripts them.
  • Keep personal claims to what you actually observed: "the texture is lightweight," "it set up in five minutes."
  • Leave efficacy claims ("clinically shown to…") to the brand's substantiation, framed as the brand's claim, not your result.

This is general guidance, not legal advice — there's more in FTC rules for UGC creators.

When to walk away, and what happens to payment and the product

Walk away when the brand insists on a claim you can't honestly make, when the product isn't safe for you to keep using, or when the replacement fails the same way. At that point, no format fixes it.

What happens to payment depends on your contract, so read it first:

  • Nothing delivered, deposit received: refunding it is the fair and usually expected move, unless your contract says otherwise.
  • Work in progress or delivered: if you've handed over scripts, raw clips, or concepts, partial payment is reasonable. Many creator contracts set a kill fee, commonly somewhere around 25–50% of the total; if yours doesn't, propose one in writing. More in UGC contract basics.
  • Brand cancels after your honest flag: if ending the deal is their call rather than a breach on your side, you're generally owed whatever the contract sets for cancellation.

On the product: gifted items are usually yours to keep, but for anything high-value, offer to return it on the brand's prepaid label. Don't resell a unit that failed or caused a reaction.

A short exit message:

Thanks for working through this with me. Since I can't honestly make the [claim] the brief needs, I think it's best we part ways on this one. Per our agreement, I'll refund the deposit by [date] / I've attached an invoice for the work delivered. If you'd like the unit back, send a label and I'll ship it this week.

This is a different situation from declining a brand deal before you've signed — you're exiting a commitment, so keep it documented and by the contract. Handled calmly, it rarely burns the bridge. I've seen brands rebook the creator who flagged the problem, precisely because she flagged it.

FAQ

Do I still have to film if the product doesn't work? Not a version that claims it works. Your contract may still expect a deliverable, so propose a replacement or a reworked format first.

Can I post a negative review of the product on my own account? You can share honest experiences, but check your contract for confidentiality or non-disparagement clauses first, and give the brand a fair chance to fix things before going public.

What if the brand says "just say it works, everyone does"? Decline that part in writing and offer the honest formats instead. If they insist, that's your signal to exit.

How long should I keep the evidence? At least as long as the brand can run the content or dispute payment.