OLG Hamburg: Obvious advertising does not have to be labeled

Influencers do not have to explicitly label their posts as advertising if it is obvious to consumers that they are advertising. This has now been decided by the Hanseatic Higher Regional Court. The legal dispute was based on the action taken by a competition association against an influencer with 1.7 million followers on Instagram. She regularly published posts, but only labeled those posts as advertising for which she received payment from companies whose products were featured. The competition association complained about the lack of corresponding labeling as advertising and has now suffered a defeat. The Higher Regional Court found that consumers could not be misled as the commercial purpose of the posts in question was obvious (OLG Hamburg, judgment of July 2, 2020 ref. 15 U 142/19).

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