The boundary between (non-labeling) brand naming and (labeling) brand naming is crossed in any case if the consumer can purchase the product directly via a link. A low journalistic content of the posts, links to other online stores and other advertising activities of the author can speak for the advertising activity of an influencer (and thus against acting for private purposes) (KG Berlin, judgment of 8.1.2019 – 5 U 83/18).
Healthfluencer: Where does education end and advertising begin?
The legal boundaries for medfluencers and doctors between HWG, professional law and UWG.