Influencer advertising labeling remains an ongoing legal issue. The Higher Regional Court of Karlsruhe, judgment of 3 March 2026, case no.: 14 UKl 2/24, ruled that Instagram reels of an influencer from the car sector had to be labeled as commercial communication for the benefit of third parties. According to the court, this also applied if no direct monetary payment was made for the individual post. It was sufficient here that the influencer was invited to press events, was able to use vehicles and that travel, accommodation and catering costs were covered.

This decision is particularly relevant in practice because it does not only link the influencer advertising label to traditional paid collaborations. Rather, the ruling shows that monetary benefits in the context of a product test or press event can be sufficient to classify contributions as commercial communication within the meaning of Section 6 para. 1 no. 1 DDG.

What was the case about?

The lawsuit was brought by a qualified trade association under the Injunctions Act. The defendant influencer runs an Instagram account with around one million followers and primarily published professional-looking reels about vehicles from various manufacturers. According to the court’s findings, private content played virtually no role. The subject of the dispute were eight posts about vehicles from the manufacturers Audi, Volvo and BMW, which were not labeled as advertising or other commercial communication.

The influencer argued, among other things, that she was not obliged to actually publish articles in return for the costs she had paid. In addition, she had editorial freedom; there were no specifications from the manufacturers. The commercial purpose was also recognizable to the public anyway. However, the Higher Regional Court of Karlsruhe did not follow this argument.

Why was there advertising in the opinion of the Karlsruhe Higher Regional Court?

The court based the claim for injunctive relief on Section 2 (1) sentence 1, (2) no. 3 UKlaG in conjunction with Section 6 (1) no. 1 DDG. The decisive factor was that the contested reels were classified as commercial communication for the benefit of third parties. The Higher Regional Court of Karlsruhe referred to the broad definition of commercial communication: This includes all forms of communication that directly or indirectly promote the sales or at least the image of a company.

The passage on consideration is particularly relevant. The court emphasizes that a mutual contract between the manufacturer and the influencer is not necessary. Rather, it is sufficient that a pecuniary benefit is granted and that this is done in the obvious expectation that the product will be reported on. This is precisely where the explosive power of the influencer advertising label lies: not only the fee, but also the free use of the product, reimbursement of travel expenses or invitations to exclusive events can therefore suffice.

The OLG Karlsruhe thus closely follows the principles already developed by the BGH and expressly emphasizes that there is no insignificance threshold for the consideration granted. Anyone operating in the border area between editorial presentation and product promotion should take this statement very seriously.

When is the external appearance not enough?

The decision focuses on the question of whether the commercial purpose of the reels was recognizable at first glance. According to the BGH case law referred to by the court, a separate label is only dispensable if the average consumer recognizes the commercial purpose immediately, i.e. without an analytical examination. It is not sufficient if the advertising character only becomes apparent in the course of the article.

This is precisely what was lacking here. The Higher Regional Court of Karlsruhe clearly states that, at first glance, the reels in question looked more like operating instructions, technical demonstrations or simple vehicle presentations. Manufacturer logos, model names or the context of a press event were sometimes only recognizable late or only in passing. This meant that the public was unable to understand the advertising purpose from the outset.

It is also noteworthy that the court does not only focus on existing followers. The target group also included Instagram users to whom the reels were recommended via the algorithm. These users in particular are often unaware of the account, its reach and its professional classification. This is another reason why verification, a high number of followers and the general popularity of the influencer are not enough to make labeling unnecessary.

What does this mean for influencers, agencies and companies?

A clear recommendation can be derived from the ruling for the practice of advertising labeling influencers: As soon as a post appears in favor of a third-party company and is in connection with monetary benefits, the labeling obligation should be checked very carefully. This applies in particular to press trips, product provision, event invitations, test positions and other benefits that are not directly labeled as a fee.

Agencies and advertising companies should not rely on the fact that “editorial freedom” automatically leads out of the advertising label. The OLG Karlsruhe makes it clear that the expectation of reporting can be sufficient. Anyone organizing campaigns, launch events or product tests should therefore work properly in terms of contracts, organization and communication.

Equally important: the court affirmed the claim for injunctive relief, awarded the warning costs and considered the risk of repetition to be persistent, including a cease-and-desist declaration with a penalty clause. The influencer advertising label is therefore a tangible liability and litigation risk.

What the decision means for influencers

The ruling of the Higher Regional Court of Karlsruhe is in line with the previous high court ruling, but specifies it in a particularly practical way for reels and comparable short video formats. For influencer advertising labeling, this means that the more professional the content and the more fluid the boundary between test, entertainment, presentation and promotion, the higher the risk of a labeling obligation.

Anyone working with social media campaigns as an influencer, agency, platform player or manufacturer should have their labeling, contract design and approval processes legally reviewed. TWW.LAW has already prepared general principles on the labeling obligation for influencers and streamers: Influencers, streamers and advertising – the most important labeling rules.