Influencer Marketing 2026: Posts are also EmpCo-relevant

Influencer marketing is advertising – even without an explicit “advertising” notice. This means that all EmpCo rules apply. Brands are liable for the statements of their cooperation partners if a marketing contract exists.

The most common greenwashing pitfalls with influencers: “This brand is so sustainable!” – general statements, without proof on the brand’s website, are subject to warning notices. “I love this carbon neutral sneaker brand” – if the manufacturer itself is not permitted to advertise as “carbon neutral”, the influencer must not mention it. “Made from 100% recycled material!” without reference to a GRS certificate – lacks substantiation.

Brand responsibility: What matters is whether the contractual basis with cooperation partners reflects EmpCo standards, whether permitted and prohibited terms were communicated before publication, and whether sanction mechanisms are provided for in the event of a breach.

Substantiated vs. unsubstantiated (examples illustrating the legal position): A generic claim such as “These trousers are 100% sustainable” is not permissible without evidence, whereas a specific, substantiated claim such as “These trousers are made from 100% GOTS-certified organic cotton [link to certificate no. GOTS-DE-2024-XYZ]" meets the substantiation requirement. Likewise, “Carbon neutral skincare routine” remains generic, while “Skincare routine with brand’s carbon footprint: 0.8 kg CO₂eq per application (brand data, ISO-14044-LCA)" carries verifiable evidence.

Hidden dangers: Stories and temporary posts are often not regularly checked for compliance – but they are also vulnerable. Snapchat, Instagram Story or TikTok posts can become the subject of complaints in the form of screenshots. The question of documentation is therefore also relevant to the traceability of short-lived posts.

Conclusion: Even if the influencer appears to be a private individual – as soon as a contractual marketing basis is in place, EmpCo standards apply. Pre-checks and briefings are therefore structurally significant.