Can you be blamed for your influencer’s mistakes? What companies need to know about liability.

Influencers have become a staple in modern marketing strategies. By sharing glimpses into their personal lives, they come across as relatable, and their product recommendations feel genuine—an authenticity that builds trust. It’s no surprise that influencer marketing can significantly boost product and service sales.

But what happens when an influencer crosses the line and publishes illegal content? Can the company that hired them be held liable? The Higher Regional Court of Cologne recently tackled this question again—this time in the context of advertising a medicinal product (judgment of September 11, 2025, Ref. 6 U 118/24). It’s an issue that frequently arises in our legal practice as well.

The ruling clearly shows that companies should not only focus on the creative design of influencer marketing campaigns, but also on a solid legal framework. This is because case law is increasingly holding the commissioning companies liable and regularly regards influencers as “agents” of the respective company in terms of competition law, Section 8 (2) of the German Unfair Competition Act (UWG).

Particularly strict standards apply to the advertising of medicinal products in order to protect consumers. The reason for this is that misleading advertising in this area can have particularly serious consequences. The goal is to protect consumers, as misleading claims in this area can have serious consequences. This is especially relevant when a well-known personality (“celebrity”) with a large audience endorses such products. Under Section 11(1) No. 2 of the German Health Services and Products Advertising Act (HWG), there is no fixed threshold for such prominence; the court has assumed the influencer's popularity with 130,000 followers. The key factor – according to the court – is whether the target audience perceives the individual as well-known and trustworthy. 

Many influencers, however, are unaware of these strict legal requirements. In this specific case, the legally mandated disclaimer “Risks and side effects…” was missing — mandatory warning that even short-form content like Instagram reels must include. And further: simply linking to the mandatory text is not sufficient according to the court.

Practical tip: When a company engages an influencer to promote its products, it should equip them with clear and comprehensive guidelines on how to design the content. In practice, detailed contractual provisions are one of the most effective tools to protect your company.

If your company is later sued by a competitor or, for example, a consumer protection authority because of the influencer’s advertising, it can at least seek contractual recourse against the influencer. If there are specific regulatory requirements in your industry, make sure influencers are explicitly informed about the legal rules that apply to the promotion of your products.

Our team is happy to support you in identifying and managing the “risks and side effects” … of influencer marketing campaigns.

Influencer marketing: It can be a goldmine. Today’s case-law update reveals what brands and creators must know to avoid liability pitfalls, especially when it comes to sensitive topics like pharmaceutical advertising.