Influencer marketing has become one of the most dominant commercial tools in today’s media landscape. Rather than watching a traditional television advertisement, consumers are now reached directly through their social media feeds by people they follow and trust.
Part of what makes influencer marketing so effective is precisely the authenticity – or at least the perception of it. When someone you follow recommends a product as part of their everyday life, it feels like a genuine recommendation from a person you trust, rather than a polished commercial. That is what makes it so powerful from a marketing perspective – and also what makes a clear labelling so important. The moment that trust is built on undisclosed commercial arrangements, it becomes something else entirely.
On television, no one questions whether something is a commercial. It is obvious. In the world of social media, that line is far less clear still, and that is precisely where the problems begin. Despite years of effort from regulators and clear legal requirements, we continue to see case after case where influencers and advertisers fail to properly label their content as advertising. The basic rule is simple: anyone scrolling through their social media feed should be able to easily tell what is an advertisement and what is not. Yet that straightforward principle remains widely ignored.
The Swedish Consumer Agency steps up
As part of its continuous efforts to rectify this noncompliance, as a next step, Konsumentverket has now sent supervisory letters to around 40 influencers and advertisers. It is worth noting that some of those receiving letters have already been warned before and have continued to make the same “mistakes”. Others are new to Konsumentverket’s radar. Depending on how they respond, Konsumentverket may proceed with legal action – including injunctions backed by financial penalties, or referral to the Consumer Ombudsman for court proceedings.
So what is missing – and why?
The law is clear, the guidance has been available for years, and the consequences of non-compliance are well established. Yet the problem persists.
For established influencers and large advertisers, lack of awareness is simply not a credible explanation. Konsumentverket itself has noted that it finds it hard to believe that major players in the industry are unaware of the legal requirements. For smaller influencers with fewer followers, the situation may be different – and Konsumentverket has chosen to send information letters rather than supervisory letters to those, acknowledging that the breach may stem from a genuine lack of awareness rather than deliberate avoidance.
There is also a structural side to the problem. In influencer marketing, responsibility is shared between the influencer and the advertiser – and that shared responsibility can sometimes mean that each party assumes the other is taking care of compliance. In practice, both can be held responsible under the Swedish marketing law, and both are under Konsumentverket’s sights.
Looking ahead
The legal requirement is not complicated. Any post that is the result of a commercial arrangement – whether payment, free products, or other benefits – must be clearly labelled as advertising. The label must be visible and easy to understand, not buried in hashtags or hidden below a “read more” button. Influencer marketing is not a legal grey area – it is a regulated field with real consequences for those who get it wrong. As the industry continues to grow and evolve, the legal framework is only likely to attract more attention, both from regulators and from courts.
For influencers and brands operating in this field, compliance does not have to be complicated – understanding what is actually required is often the first and most important step. Please contact me if you want to discuss the requirements or need guidance on your approach.
