Quick answer: The ASA, CAP and CMA published the fourth edition of the influencers' guide on 23 October 2026. The recommended labels did not change: use Ad or Advert, upfront. What changed is the law behind it, now the Digital Markets, Competition and Consumers Act 2024, plus a new section on fake reviews and a plain statement that the CMA can fine. Creators, brands and agencies are all responsible, so run the checklist below before every post.
I read the October 2026 guide next to the 2023 edition. Less changed on labels than you might expect. More changed on legal risk. This covers UK rules as of November 2026.
What changed between the 2023 and 2026 editions
| Topic | 2023 edition | October 2026 edition | What to do now |
|---|---|---|---|
| Main law | Consumer Protection from Unfair Trading Regulations 2008 | Part 4 of the DMCC Act 2024, plus the CAP Code | Update old references in contracts and creator policies |
| Fake reviews | No section | Own section. Posting a fake review, or hiding that a review was incentivised, is named as banned | Stop scripting verdicts. See below |
| Enforcement | CMA and Trading Standards can investigate and take legal action | Adds fines and corrective measures. The CMA can act directly | Treat a missing label as a money risk |
| Platform tools | Instagram's paid partnership tool may be enough if clear | Same test, and co-authoring tools are not always enough | Add your own Ad label if in any doubt |
| AI | Not mentioned | AI-generated content must comply. Some platforms may require you to disclose AI use | Check platform rules for each post |
| Extra steps | No section | Check contracts, refuse brands that discourage disclosure, ask Copy Advice, separate ads from editorial | Build these into onboarding |
| Research | Referred to ASA research | 79% of people in the UK think ad labels should be visible straight away, without clicking or searching (ASA research, February 2026) | Judge labels from a viewer's first second |
What did not change. The five recommended labels. Disclosing during a relationship and for 12 months after it ends. Free products counting as payment, even with no obligation to post. Sponsored, Spon and Sp were already on the avoid list in 2023. The new edition adds the reason: the ASA has ruled they don't clearly show the advertiser had editorial control.
The guide gives no grace period. The CMA says the banned practice on fake and concealed incentivised reviews came in with new law in April 2025, so this is not a future date to plan for.
Caption pass or fail table
The captions are my own examples. The verdicts come from the guide's recommended and avoid lists, its placement rules and the CMA's guide for content creators. Each assumes you have a commercial connection to the brand.
| Caption or placement | Verdict | Why |
|---|---|---|
| Ad. Two weeks with this serum, my honest take @brand | Pass | Label comes first. The # is optional if the label is prominent and separate |
| #Advert: @brand paid for my trip to Porto | Pass | Recommended label, and the extra words are plain |
| Ad: gifted by @brand | Pass | Extra detail is fine once it is clear upfront that it is an ad |
| Ad: I earn commission on the first two links. The rest I bought myself. | Pass | Says which parts are advertising |
| Ad label on every frame of a Story series | Pass | Each story in a series should be labelled |
| Platform paid partnership tag only | Depends | May be enough if upfront and prominent. If it blends in, add your own label |
| Co-author tag only | Depends | Gives context but is not always enough |
| Gifted by @brand, or #gifted | Fail | Gift and Gifted are on the avoid list |
| Sponsored by @brand, #spon, #sp | Fail | On the avoid list |
| #collab with @brand, #PRhaul, PR stay in Bath | Fail | On the avoid list |
| aff link, #afflink | Fail | The guide says most people don't understand these |
| In partnership with @brand, Supported by @brand | Fail | On the avoid list |
| Thanks to @brand for making this possible | Fail | On the avoid list |
| @brand, with no label | Fail | Tagging alone is not disclosure |
| #brandambassador, #iworkwith, #myedit | Fail | On the avoid list |
| Loving my skin lately #glow #selfcare #ad #routine | Fail | Label buried in a sea of hashtags |
| #Ad placed below the caption cut-off | Fail | Can only be seen by expanding the caption |
| Ad mentioned 45 seconds into a video | Fail | Don't disclose part-way through a video |
| Bio says my links may earn commission | Fail | The CMA says not to rely on your bio, and the guide rejects vague disclaimers |
The guide's own bottom line is short: “If in doubt, label it.”
Put the label rule in the brief, not in a follow-up message. Post your brief and let creators apply. Creators show verified stats by connecting their accounts, and payment is held until the work is approved.
Post your brief and let creators applyWho is responsible
Everyone. The guide says everyone in the chain, including brands, marketers and influencers, is responsible for following the law, and that the CMA expects robust compliance processes. It also says the creator, the brand and any agents involved are responsible for proper labelling.
The two regimes use different tests, and this is the part brands most often get wrong:
- ASA, under the CAP Code. For a post promoting a brand, it can act where the brand paid you in some way (not only money) and had some editorial control, including final approval. Control is broad. Key messages, required hashtags, set posting dates or a right to request changes can all count, even if the brand never used that right.
- CMA and Trading Standards, under consumer law. The guide says it does not matter who is in control. Disclosure is needed whether you promote your own products or endorse someone else's.
- Affiliate links. Both creator and brand are responsible. In a May 2026 ruling, a creator said she bought cushions herself and had no contact with the seller. Her post still counted as an ad because she sent followers an affiliate link. The “Earns commissions” text on her storefront did not help, because people saw it only after clicking.
The CMA's guidance for brands gives the practical list. Tell creators in the contract, formal or informal. If you send free gifts, include clear instructions that any resulting content must be labelled as an Ad, even if you ask for nothing in return. Check posts that mention you. Fix mislabelled content promptly. If a creator repeatedly fails, you are at risk if you keep working with them.
One useful exception for UGC: the guide's flowchart says content on a brand's own channels is often already clear enough as advertising. It does not separately address ads run through a creator's handle. My reading is that viewers see the creator's name, so label those. Our UGC usage rights guide explains how whitelisting works.
What the guide says about fake reviews
If your content is a review, it must be based on your genuine experience. If it isn't, the guide calls it a fake review, against both the law and the CAP Code.
- If a brand asks you to say a drink was delicious and you haven't tried it, you must not claim you did.
- Don't gloss over negatives and only focus on positives.
- You can review a product you didn't like, as long as you don't claim you liked it.
- Don't leave out relevant information. That includes being paid, and any difference between your experience and a typical customer's, such as reviewing a personalised version.
For brands, this changes the brief. Give facts and points to cover, not a verdict to repeat. The CMA also warned on 14 October 2026 that “commissioning reviews can take many forms”, including asking staff to write them.
Our creator brief template already has a disclosure line. For UK posts, you can fill it with this wording. It is my wording, not the regulator's, so have your lawyer check it for your contract:
Disclosure (UK): Start the caption, title or first frame with Ad or Advert, visible without tapping. Label every Story frame and every format. Do not use gifted, sponsored, PR or collab in its place. Say only what you genuinely experienced, and tell us before posting if you have not used the product.
What happens if you skip it
- ASA. Your details can go on its non-compliant influencer page for up to three months, before further sanctions. It can also run targeted ads telling your followers you repeatedly failed to disclose. Brands can be listed too. The page named two influencers when read on 1 November 2026, and said 26 had been removed after changing their practices.
- CMA. The guide prints no figure. The CMA's enforcement page says a penalty on a business can reach 10% of global turnover or £300,000, whichever is greater.
- Platforms and brands. Platforms can remove content or close accounts. Brands may stop working with you.
The CMA's October post reports fines of over £11.8 million since April 2026, and the review cases it names are against companies. It names no influencer. That shows the current focus, not a safe harbour, because the guide says the CMA has acted against a number of influencers. This guide is best-practice guidance and this article is not legal advice, so check your own contracts with a lawyer.
Pre-publish checklist
- Is there any connection? Money, free product, discount, commission, trip, loan, shares, a job at the brand, or a brand owned by you, family or friends.
- Did a deal with this brand end in the last 12 months? Keep labelling relevant content.
- Is the label Ad, Advert, Advertising, Advertisement or Advertisement Feature?
- Is it the first thing people see: start of the text, title, thumbnail or image?
- Can it be seen without clicking more, scrolling or checking your bio?
- Is it separate from other hashtags, with good contrast against the background?
- Does it work on a phone, and does every Story, post and Reel carry its own label?
- In a mixed post, is it clear which products are ads?
- In a review, did you actually use the product, and did you include the negatives?
- Can the brand prove the claims? The guide says you need proof.
- Is the product age-restricted, or are you advertising to children or running a giveaway? Extra rules apply.
- Food or drink? See the warning below.
- Brands: is the label instruction in writing, and has someone checked the live post?
If you are unsure, the guide points you to CAP's Copy Advice team, who can look at a draft before you publish.
A label does not fix everything. In an April 2026 ruling, a paid Instagram post captioned #AD still broke the rules because it was a paid online ad for an identifiable less healthy food. The ASA's guidance says this kind of payment is likely to include affiliate deals and gifting.
Planning a UK creator campaign? Set the budget first, then add the label rule to your brief.
Plan your campaign budgetHow this compares with the US
US rules come from the FTC, and our FTC guide for UGC creators covers them in full. The FTC's own Disclosures 101 guide also warns against sp, spon and collab, and against assuming a platform tool is enough. Don't assume the UK's 12-month expectation or avoid list carries over word for word when a campaign runs in both countries. If you are hiring across markets, start with how to hire UGC creators and our page for brands.
FAQ
Is #gifted allowed under ASA influencer rules?
Not on its own. The guide advises against Gift and Gifted because research shows they are not clear to users. Use Ad: gifted by the brand name.
Do I need a label if I bought the product myself?
If you have no connection to the brand and no affiliate link, the guide's flowchart says you probably don't. If you add an affiliate link or code, the post is an ad, as the May 2026 ruling shows.
Is a paid partnership tag enough?
It may be, if the label is upfront and prominent. If it blends into the background or doesn't make clear the post is advertising, add your own label.
How long must I keep labelling after a deal ends?
The guide expects disclosure throughout any ongoing relationship and in relevant content for 12 months after it ends.
Is the influencers' guide the law?
It is a best-practice guide. The main rules sit in the DMCC Act 2024 and the CAP Code. For your own situation, ask a lawyer.
Sources
- ASA: Influencers' guide resource page (fourth edition, 23 October 2026)
- ASA, CAP and CMA: Influencers' guide, October 2026 (PDF)
- ASA: 2023 edition of the guide, archived copy (PDF)
- CMA: Reviews and endorsements collection
- CMA: Social media endorsements, guidance for content creators
- CMA: Social media endorsements, guidance for brands
- CMA: Direct consumer enforcement powers
- CMA blog: Direct consumer enforcement, 18 months on
- ASA: Ruling on Guangzhoushi Yingyi Maoyi Youxiangongsi, 27 May 2026
- ASA: Ruling on Lidl Northern Ireland Ltd, 15 April 2026
- ASA: Less healthy foods advertising guidance (PDF)
- ASA: Non-compliant social media influencers
- FTC: Disclosures 101 for Social Media Influencers (ftc.gov)
