Influencer Marketing – Labelling Requirements In Germany

Television advertising remains the means of choice for confectionery manufacturers.¹ However, they also have to look for alternative ways and channels because classic advertising is reaching consumers less and less. Branded content, consisting of well-packaged advertising that is not immediately recognisable as such, is therefore becoming more and more valuable. For example, "Ritter Sport" regularly manages to virally spread the introduction of new flavours and special editions on social media. Competitor "Milka" is countering this with large-scale influencer campaigns, for example under the hashtag #milkaschmecktwie. Legally, however, even on Instagram, YouTube & Co. advertising needs to be disclosed because the average consumer is less critical with regard to neutral statements than statements that are labelled as advertising. In Germany, this is regulated by the Unfair Competition Act (UWG), the Telemedia Act (TMG) and the Interstate Broadcasting Treaty (RfStV).