In the end it went to the Federal Court of Justice: Cathy Hummels and her legal dispute over surreptitious advertising. In the end she triumphed. For another influencer, there was still a gossip.
NRW – Where do careless product recommendations end – and where does surreptitious advertising begin? Cathy Hummels *, who was accused of precisely the latter, has been fighting for her rights for years. On Thursday (September 9th) the Federal Court of Justice passed a final judgment. Cathy Hummels triumphs – another influencer was not so lucky. RUHR24 * knows more.
|job||Influencer and presenter|
|Born||January 31, 1988 (age 33), in Dachau|
Cathy Hummels wins trial for surreptitious advertising – influencers moved to the Federal Court of Justice
Cathy Hummels had fought in court for four years: The Association of Social Competition eV * had warned the influencer against using brand names and “tap tags” to advertise surreptitiously on social media without labeling the products accordingly.
“Tap tags” are markings on a photo or video that are only visible when the user taps them. When clicking on the so-called “tap tags”, the user is immediately directed to the Instagram page of the linked person or company (more news about NRW celebrities * on RUHR24).
But Cathy Hummels apparently did not want to put on this shoe: Since she bought the products herself and was not paid for the advertising, she took her to court. The Hamburg fashion influencer Leonie Hanne and the Göttingen fitness influencer Luisa-Maxime Huss, who were also accused of surreptitious advertising, followed their example. On Thursday (September 9th) the Federal Court of Justice passed a final judgment – and Cathy Hummels can finally triumph.
Cathy Hummels: Federal Court of Justice ruled on Instagram surreptitious advertising – influencer triumphs
Specifically, it says in the BGH ruling: “The mere fact that images on which the product is depicted are provided with“ tap tags ”is not sufficient for the assumption of such an advertising surplus. If there is a link to a website of the manufacturer of the product shown, however, there is usually an advertising surplus. “
This means: According to the BGH ruling, influencers do not have to label all products that they mention in social media posts as advertising. But: Posts must always be marked as advertising if they receive something in return for an “exaggerated promotional” product presentation.
Cathy Hummels celebrates after winning the lawsuit for surreptitious advertising on Instagram
After the negotiation, Cathy Hummels was exultant on Instagram: “We have won! Clarity at last! I fought for X years and now the BGH, the highest court, has confirmed that! ”She wrote to her fans in a post.
The verdict was particularly important to her because of her authenticity on social media, she explained further: “I like to let you participate authentically in my everyday life. And I love to tell you what I like. And that as authentically and openly as possible. “
Cathy Hummels * never understood the allegation of surreptitious advertising: “For me this is not (surreptitious) advertising either. It’s part of it because I want to offer you added value with my stories. What I like, I like and you should know that. It’s no different than in a women’s magazine. “
Cathy Hummels wins trial for surreptitious advertising – other influencer has to take gossip
In an interview with “ZDFheute live”, Cathy Hummels also said that she hoped that her verdict would now be groundbreaking for all influencers, “that many other courts will also orientate themselves on it and that simply this warning madness for the whole influencer world [.. .] is contained ”.
So while Cathy Hummels triumphs, her influencer colleague Luisa-Maxime Huss was not so lucky on Thursday (September 9th). Because she had received consideration from the company for a post about a raspberry jam, but had not marked the said post as advertising, the court sentenced her according to the application. * RUHR24 is part of the IPPEN.MEDIA editorial network.
List of rubric lists: © Sven Hoppe / dpa