Answer
In the UK, influencer posts that a brand has paid for and controls are advertising, and must be obviously identifiable as ads, typically with a clear label such as "Ad" placed upfront. The CAP Code, enforced by the Advertising Standards Authority (ASA), governs ad content, while consumer protection law, enforced by the CMA, prohibits hidden advertising.
The short answer
If a brand has given an influencer payment or any other benefit, including free products, and has some control over the content, the post is an advertisement. It must be obviously identifiable as an ad, and its content must comply with UK advertising rules.
Who regulates what
| Regulator | Rules | Focus |
|---|---|---|
| Advertising Standards Authority (ASA) | CAP Code (non-broadcast advertising) | Ad content: misleading, harmful or offensive claims, and ad labelling |
| Competition and Markets Authority (CMA) | Consumer protection law, including the DMCC Act 2024 | Hidden advertising and unfair commercial practices, with direct fining powers |
How to label influencer ads
- Use a clear, upfront label such as "Ad" or "Advert"
- Place it at the start of the caption or prominently on the image or video
- Make sure it is visible before people engage, not hidden among hashtags or behind "see more"
- Use platform paid partnership tools where available, but do not rely on them alone if they are not obvious enough
- Apply labels to every post in a campaign, including stories and short-form video
Vague terms such as "sp", "spon", "collab" or "thanks to [brand]" are generally not sufficient on their own.
Content rules still apply
Labelling a post as an ad does not make its content compliant. Ads must not:
- Make misleading claims, including about results, prices or availability
- Use misleading filters or editing to exaggerate product effects
- Promote restricted products to inappropriate audiences, such as gambling or alcohol content aimed at under-18s
- Make medical or health claims that are not permitted
Sector-specific rules apply to areas such as financial promotions, gambling, alcohol, food and medicines.
Why enforcement risk has increased
The Digital Markets, Competition and Consumers Act 2024 gave the CMA power to directly fine businesses for breaching consumer protection law, with penalties of up to 10% of global turnover. Hidden advertising falls within the unfair practices it can act on.
Checklist for brands and agencies
- Put labelling requirements in every influencer contract
- Review content before it goes live
- Check claims are accurate and can be substantiated
- Confirm audience suitability for restricted products
- Monitor live posts and correct issues quickly
- Keep records of briefs, approvals and payments
Related reading
For building a compliant, effective social presence, see our guide to B2B social media strategy.
This page provides general information, not legal advice. Consult the ASA, CMA guidance or a qualified adviser for specific campaigns.
Frequently asked questions
Is #gifted enough to label a sponsored post in the UK?
Not if the post is an ad. Where a brand has paid the influencer (including with free products or other perks) and has control over the content, the post should be clearly labelled as an ad. Terms like gifted may be appropriate for genuinely unconditional gifts, but consumer law still requires the commercial relationship to be clear.
Who is responsible for a non-compliant influencer ad?
Both the brand and the influencer can be held responsible, and agencies involved in creating or placing the content can be too.
Do UK advertising rules apply to a brand's own social media posts?
Yes. The CAP Code covers marketing communications on a brand's own social media accounts and websites, as well as paid ads.