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June 2019

The labeling obligation of influencers

4. June 2019

Infuencer vor der Kamera

Recently, there were some decisions on prominent influencers on marketing via Insta, including the KG=OLG Berlin, LG Munich and LG Karlsruhe. The case law is currently still forming on the labeling obligation of influencers; last year, it had to be assumed that any linking and tagging of products in the posting must be considered advertising and thus labeled solely due to the assumed sales-promoting effect, otherwise there was a threat of a warning for misleading by omission. . Since the last decisions, this no longer applies; there is more differentiation and argumentation as to why a certain post is classified as advertising and then has to be labeled as advertising / advertisement. ...

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