Influencer Pamela Reif has suffered another defeat at the Higher Regional Court of Karlsruhe against the Association of Social Competition (VSW). According to the Senate, Reif should have labeled Instagram posts with so-called “tap tags” as advertising. It was irrelevant whether the products shown were purchased by Reif herself or provided by third parties (free of charge). The court did not accept the argument that the influencer only wanted to pre-empt inquiries from her followers with the link: tagging would enhance the image of both Reif and the linked companies. As the case law of the higher courts continues to differ widely on these issues, the appeal to the Federal Court of Justice was allowed (Higher Regional Court of Karlsruhe, judgment of September 9, 2020, Ref. 6 U 38/19).