Overlabeling in influencer marketing refers to the excessive labeling of posts as advertising or sponsored content. This practice arose out of fear of Abmahnungen (formal cease-and-desist warnings under German law), which led not only paid content but also unpaid posts or posts without any promotional character to be marked as advertising. In some cases, entire channels or blogs were even labeled as advertising across the board.

The problem with overlabeling is that it blurs the clear distinction between editorial content and advertising, which is precisely what the labeling requirement is meant to guarantee. If almost all of an influencer’s content is declared as advertising, users lose the ability to distinguish between genuinely commercial posts and other content.

Whether overlabeling is legally problematic is currently under discussion. Even if it is not necessarily considered illegal, excessive labeling can have negative legal consequences because it undermines the original intention of the labeling requirement—the clear identification of paid posts.

As an influencer, you're caught between the obligation to clearly label advertising and the risk of diluting your credibility through excessive labeling. If everything is marked as an ad, your community can no longer recognize genuine recommendations. When in doubt, check with your management or legal counsel which posts need to be labeled.

See also: Advertisement, Labeling Requirement.