Rules and ethics
How ASA and CMA rules decide what UK food creators must label
Food creators in the UK must label paid, gifted and affiliate posts under CAP Code and CMA rules. Here is how the ASA decides and what it sanctions.
How ASA and CMA rules decide what UK food creators must label
Mistake: Letting paid content pass as a normal recommendation
The highest-cost mistake is letting sponsored food content appear to be an independent recommendation. If its commercial purpose is not obvious, the ASA may require an ad to be changed or removed, while the CMA can impose a fine without going to court under the DMCC Act 2024.
A missed label is more than an editing problem. CMA guidance warns that misleading practices may attract a fine of up to 10% of global turnover and may be a criminal offence. That makes the first review about whether viewers can recognise the promotion, not whether the post sounds natural.
Agree disclosure wording before publication and check the final content against the arrangement. Terms such as Ad or Advert make the commercial character clearer than vague tags such as #sp or #collab. The UK requirements offer wider context for the responsibilities involved in food promotions.
Mistake: Assuming a free meal can never be advertising
A complimentary meal can still form part of a commercial arrangement when coverage is expected. Treating every gifted visit as independent overlooks whether the restaurant set conditions or influenced the content, which can affect whether viewers need a clear disclosure to recognise the promotion.
Check what the restaurant agreed with the creator before deciding how to label a post. Control may be apparent if the venue selected a dish, caption or number of posts. Reviewing brief scenarios can help teams consider how an arrangement may shape the creator's coverage.
| Situation | What to check | Corrective action |
|---|---|---|
| Complimentary meal | Was coverage expected, or did the venue set the dish, caption or post count? | Assess whether the arrangement indicates control or an expectation to post. |
| Funded press trip | Who funded the trip or related content? | Label every post and Story, identify the funder, and retain the brief and agreement. |
| Affiliate link or discount code | Could the creator earn commission or receive payment for the code? | Make the commercial relationship clear, with the affiliate disclosure beside its link. |
The test: payment plus control
The ASA applies a two-part test to decide whether a social post is an ad. First, did the restaurant or brand pay the creator, in money or in kind? Second, did it have some control over the content? When both answers are yes, the post is a marketing communication under the CAP Code and must be labelled.
Payment includes a fee, a free meal, a funded trip, commission on a link or income from a discount code. Control includes choosing the dish, approving the caption, setting the number of posts or requiring particular messages. Rules 2.1 and 2.3 in Section 2 of the CAP Code then require the post to be obviously identifiable as an ad.
A free meal with no conditions, no brief and no expectation of a post usually fails the control limb, so the ASA may not treat it as an ad. The CMA still expects a gift to be disclosed, for example with a Gifted label, because followers should know about any incentive the creator received.
The funded press trip row above is the cautious reading. If the funder hosts the trip and approves or expects the coverage, label every resulting post as an ad. If it attached no conditions, label the posts as gifted. Either way, name the funder and keep the invitation and brief.
The named guidance to follow is the ASA and CMA joint Influencers' guide to making clear that ads are ads, and the CMA's Online reviews and endorsements guidance. The legal source for the CMA's powers is the Digital Markets, Competition and Consumers Act 2024, which lets it fine businesses directly for unfair commercial practices.
Mistake: Hiding a correct label where viewers may miss it
A disclosure can use suitable wording and still fail if its placement makes it easy to overlook. Putting it after a long caption or on a disappearing sticker separates the commercial message from the information viewers need to recognise that the content is advertising.
Put Ad or #ad near the start of a paid post. For a Reel, Story or TikTok, make the label visible and audible where appropriate. If a link earns commission, place the affiliate disclosure beside that link so the commercial message and its explanation appear together.
Check the current ASA influencers’ guide rather than relying on a remembered version, and decide in advance who will correct a missing or obscured label. A written disclosure policy can set out the restaurant's and creator's responsibilities, including checks that the label remains visible after publication.
Mistake: Treating commission or a discount code as harmless
An affiliate link may earn a creator commission when a viewer clicks and buys. Calling the post a review does not remove that incentive. Tell viewers about the relationship before they click, using a clear disclosure close to the link that generates commission.
A discount code can also pay the creator, even when it gives the audience a saving. The code itself may not explain why it is being shared, and a footer or link-in-bio label can leave viewers to guess. Identify the promotion as advertising in the content viewers see.
For TikTok, say the disclosure aloud and add text on screen rather than relying on wording behind link in bio. Include these instructions in the brief and use the TikTok creator search process alongside it, so creators know how the paid code or commission must be disclosed.
Mistake: Leaving the restaurant out of the sign-off
A restaurant that makes disclosure solely the creator's responsibility can overlook its own role. A business may be responsible when content is published on its behalf and is misleading or otherwise non-compliant, so checking only a draft leaves a gap between approval and what viewers actually see.
Agree who approves the post, what happens if a label is missing, and how a correction will be recorded. Set those duties out in the commercial terms, so the restaurant and creator share expectations about disclosure wording and sign-off.
Make the handover clear about who checks the live post and who records any changes. Adding that task to the delivery workflow helps the team confirm that the published content carries its label and preserves a record of corrections.
Mistake: Waiting for a complaint before saving evidence
Waiting until someone complains to collect evidence makes it harder to establish what the written brief required and what viewers saw. An ASA ruling may name the advertiser and require an ad to be amended or removed; repeat or persistent cases can be referred to Trading Standards for prosecution.
The CMA can impose a fine without going to court under the DMCC Act 2024. Its guidance for businesses warns that misleading practices may attract a fine of up to 10% of global turnover and may be a criminal offence. The online reviews and endorsements guidance provides a further CMA reference for businesses.
Keep the brief, agreement and screenshots of the live post, then check that its label remains visible after publication or boosting. Record any correction alongside the content so a later review can establish what changed and when. Make this check part of the normal process rather than waiting for a challenge.
