How ASA and CMA rules shape British fashion influencer disclosure

Two regulators set the disclosure rules for British fashion influencers. The Advertising Standards Authority (ASA) enforces the CAP Code, formally the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing. The Competition and Markets Authority (CMA) enforces consumer law. Start with the relationship behind the post, then follow the route below that fits the facts.

If there is a commercial connection

A fee, a free item or commission is where the test starts, not where it ends. The second question is control. The ASA applies the CAP Code where a brand has paid or given an incentive and has some say over the content, for example by approving it or setting terms. A genuinely independent, unpaid recommendation is not an ad.

Affiliate content is clearer: a personalised link or discount code that earns commission makes the post an ad. For gifts, the ASA treats a post as an ad where the brand has control. The CMA's guidance also expects gifts to be disclosed, so label gifted posts when you are unsure. An affiliate link, a fee or a free product can create the connection.

A written disclosure policy can set caption and label checks, and gifting guidance covers PR boxes.

Rule of thumb: Check the relationship and the brand's influence, not just whether cash changed hands.

If the post needs a label

If a post is an ad, CAP Code rule 2.1 requires it to be obviously identifiable as marketing. Put "Ad" or "Advert" at the start of the caption, where a follower sees it before tapping "see more" or engaging. A label buried in a hashtag group, or shown only after a tap, does not make the commercial intent obvious.

The ASA has found several labels insufficient on their own: sponsored, gifted, supported by, in association with, affiliate, and ambassador wording. An @-mention, a discount code or a bio line is not enough either. In the figure below, the #affiliate and #gifted entries are not enough alone, so use them only alongside "Ad", never instead of it.

Instagram's paid partnership tag and TikTok's branded content toggle can support the disclosure. If the platform label is hidden or unclear, add "Ad" in the caption. Each post must stand alone, so regular followers' awareness does not replace a label.

Rule of thumb: Put the label where it can be seen without opening or expanding the post.

If the label is clear but the endorsement may mislead

A clear label does not settle whether the content misleads. CAP Code rule 2.3 says marketing must not hide its commercial intent or pose as consumer opinion. Rule 3.1 says it must not materially mislead through claims or omissions. These are the CAP Code rules most often relevant to influencer posts.

The CMA's guidance sits alongside. It published "Hidden ads: Being clear with your audience" for creators and "Business responsibility and social media endorsements" for brands in November 2022. The CAP and CMA also publish a joint Influencers' guide to making clear that ads are ads. The CMA guidance says a brand can be held accountable for a creator's post when it is part of a campaign.

The legal base changed in 2025. The Consumer Protection from Unfair Trading Regulations 2008, set out in regulation 4, applied to conduct before 6 April 2025. From that date the Digital Markets, Competition and Consumers (DMCC) Act 2024 covers unfair commercial practices, and the 2024 UK consumer law changes explain how it overlaps with ASA routes.

Since 6 April 2025 the CMA can decide that a practice breaches consumer law and fine a business directly, without first going to court. The ceiling is 10 per cent of global turnover. Treat that as a separate question from whether the label is obvious.

Rule of thumb: Check recognition under the ASA route, then assess misleading claims or omissions separately.

If the caption can still be changed

If the caption or script is still in draft, use the CAP Copy Advice service to seek a view on CAP Code compliance before publication. The service is free and confidential, and its advice is not binding, but keeping it can show good faith. Submit the actual wording and placement proposed for the campaign.

Keep the approved draft beside the published caption and note any changes made after review. CAP’s AdviceOnline library, on the ASA website, is free and covers influencer and affiliate marketing. For campaign terms, see commercial contract considerations; the contract question is distinct from deciding whether an ad label is required.

Rule of thumb: Compare the live caption with the version reviewed, and check again if the wording changes.

If the post is live and its disclosure is unclear

If a disclosure remains unclear after publication, the ASA can investigate on its own initiative rather than waiting for a consumer complaint. It publishes upheld rulings under the advertiser's name, so the effect can extend beyond the original post and the audience that first saw it.

The ASA's practical measures are reputational rather than financial: it can request removal through platforms or search engines, and persistent offenders may be added to a public non-compliant advertisers list. More serious or repeated cases may be referred to Trading Standards, which can prosecute under consumer protection law.

The CMA route differs in scale and power: it can investigate and fine directly, up to 10 per cent of global turnover. A risk scenario review can keep that escalation question visible before launch, alongside the separate ASA recognition check.

Rule of thumb: Correct an unclear label promptly, while keeping possible ASA, Trading Standards and CMA routes in view.