Much stricter rules apply to these products than to fashion or beauty basics. The reason: false or exaggerated promises can cause real harm here, whether to people’s health or their finances. Important for influencers: anyone who advertises in exchange for payment or another form of compensation is generally acting commercially and can be held personally responsible for unlawful statements. So the responsibility doesn’t lie with the brand alone.
Basic rule: every factual claim must be true and verifiable
Statements about effects, returns, test results, sustainability or availability must be accurate and provable. What counts is how a statement comes across to the average member of the target audience, not how it was meant. A false statement isn’t the only thing that can be misleading. Leaving out essential information can also be enough if this could influence a commercial decision (§§ 5, 5a UWG – German Act Against Unfair Competition).
The problem with short formats
Reels, Stories and TikToks tempt you to exaggerate with lines like “This healed my skin,” “That’s how I made a 30% return,” or “100% climate neutral.” Simplifying is allowed. It becomes a problem when the shortened version leaves out essential information or creates a false overall impression. Mandatory information and qualifications also must not be hidden so that practically no one notices them, for example in tiny print or shown for just one second. Depending on the mandatory information and how the post is designed, a note that only appears in the caption under “more” may not be enough.
Health-related products

• Medicines and medical devices: Here, the Heilmittelwerbegesetz (HWG, German Act on Advertising in the Health Care Sector) applies in particular. Advertising must not contain unsubstantiated or misleading promises of healing or falsely create the impression that treatment is certain to succeed. Nor may it falsely suggest that no harmful effects can occur. Prescription drugs generally may not be advertised to consumers at all. Personal testimonials and before-and-after images are only permitted to a limited extent. For medicines, recommendations by well-known people – including influencers – can also be prohibited.
• Dietary supplements and foods: Health-related statements are generally only permitted within the scope of authorized health claims and in compliance with their conditions of use. The wording may be adapted as long as the meaning stays the same, but it must not change or strengthen the authorized claim. General statements such as “good for your skin” generally need to be accompanied by a matching authorized health claim. Claims that a food cures, alleviates or prevents diseases are generally prohibited. This is distinct from expressly authorized claims about reducing the risk of a disease.
• Cosmetics: Cosmetic claims must also be true, verifiable and fair. “Anti-wrinkle,” “dermatologically tested,” or “chemical-free” must not create a false impression. In addition, cosmetics must not be misleadingly presented as medicines that treat or cure diseases.
• Practical tip: Don’t promise anything you can’t back up. No diagnoses, no impermissible promises of healing, no encouraging people to stop taking medication or to skip seeing a doctor.

Financial products

• No misleading promises of returns: Statements such as “sure profit,” “guaranteed passive income,” or “double your money” must not convey a false sense of security or expectation of profit. Alongside the opportunities, the key risks must also be presented appropriately – including a possible total loss, if that risk exists for the product being promoted.
• Past performance: Past gains are not a reliable indicator of future results. If you advertise with your own successes, you must not create a misleading overall impression by showing only your lucky hits.
• Investment recommendations: Anyone who recommends specific stocks, crypto assets or financial products may be subject to special information and disclosure obligations, depending on the product and the type of recommendation. For investment recommendations on financial instruments, the requirements of the EU Market Abuse Regulation may apply in particular. Relevant conflicts of interest, such as your own positions or compensation, must be disclosed accordingly. Anyone who gives individual advice or brokers contracts may need regulatory authorization to do so.
• Crypto: Under the EU’s MiCA regulation (Markets in Crypto-Assets), the marketing communications it covers must be clearly identifiable as such, fair, clear and not misleading. Depending on the offering, additional requirements apply.
• Loans and interest: Anyone who mentions interest rates or other cost figures for consumer loans must provide certain mandatory information, for example state the annual percentage rate (APR) and, as a rule, include a representative example.
• BaFin (Germany’s Federal Financial Supervisory Authority) monitors so-called “finfluencers” and actively warns against dubious financial advertising on social media.

Sustainability claims
Since September 27, 2026, much stricter rules against greenwashing have applied in Germany as a result of EU Directive 2024/825 being implemented into the UWG. General environmental claims such as “eco-friendly” or “green” are now only allowed if recognized excellent environmental performance relevant to the claim can be demonstrated. The broader term “sustainable” can also cover social aspects and cannot be justified by environmental benefits alone.

Claims that a product is “climate neutral” or has a reduced or positive impact on greenhouse gas emissions are prohibited if they are based on carbon offsetting. Sustainability labels may only be used if they are based on a certification scheme that meets the legal requirements or have been established by public authorities.

Even before that, the BGH (Germany’s Federal Court of Justice) had ruled that ambiguous environmental terms such as “climate neutral” generally have to be explained directly in the ad itself.
Test results and awards
If you advertise with “test winner” or “grade 1.5,” you must cite a clearly visible and easily accessible source, for example Stiftung Warentest (Germany’s best-known consumer product testing organization), issue and year. The result must refer to exactly this product and must not create a misleading impression of how current it is. You also must not mislead people about how the product performed compared with the other products tested; depending on how it is presented, context may therefore be required.
Availability and scarcity
“Today only,” “almost sold out,” or “limited edition” must be true. Creating artificial time pressure with false information is unfair. Falsely claiming that something is available for only a very short time in order to push people into an immediate decision is expressly prohibited.
Particularly strictly regulated areas

• Tobacco and e-cigarettes: Advertising on the internet and on social media is largely prohibited. Influencer collaborations are practically ruled out here.
• Gambling and sports betting: Advertising is only permitted for offerings with a license valid in Germany. Strict requirements apply regarding youth protection, addiction prevention and advertising formats and times (Glücksspielstaatsvertrag, the German Interstate Treaty on Gambling). A foreign license alone is not sufficient.
• Alcohol: Advertising must not be aimed at minors or appeal to them in particular. It must not promise misleading improvements in performance. Audiovisual advertising must also not encourage excessive drinking.

Don’t forget the disclosure requirement
Regardless of the product: paid posts, or posts involving any other form of compensation, must be clearly identifiable as advertising. For image and text posts, the label generally goes right at the beginning, using “Werbung” or “Anzeige” (“advertisement”). If the promoted product is the focus of a video, a label is generally required throughout the entire video or advertising segment.

Hidden hashtags at the end or unclear terms such as “#sponsored” on their own are not enough. In principle, this also applies to products provided free of charge if publication is tied to an agreement, a condition or a corresponding expectation. However, an unsolicited delivery alone does not automatically trigger a disclosure requirement. With affiliate links, the fact that you earn a commission must be recognizable directly at the link or through a clearly associated explanation.
Practical checklist before every post

1. Can I back up every verifiable advertising claim, and do I have the supporting evidence from the client?!
2. Does the viewer get an accurate overall impression, even without the caption?!
3. Are risks, limitations and mandatory information clearly visible?!
4. Is the post clearly labeled as advertising?!
5. Does the product belong to a regulated industry with special rules?!
6. Has the wording been agreed with the brand or its legal department?!

Coordination with or approval by the brand does not automatically relieve you of your own legal responsibility.
Conclusion:With regulated products, it’s better to be restrained and precise than spectacular and open to legal challenge. Violations can lead to cease-and-desist letters, injunction claims and, in the financial sector, regulatory consequences as well. Contractual penalties come into play in particular if a corresponding contractual obligation or a cease-and-desist declaration backed by a penalty is breached. Violations also cost trust – and for influencers, trust is the most important asset. When in doubt, have your statements legally reviewed before publishing.