Influencing Influencers – Ad Standards releases latest edition of Influencer Marketing Disclosure Guidelines

Social media has become a centre stage for brands to promote their products, and influencers have become a vital part of the marketing ecosystem. Most people are aware that influencers are required to disclose a paid sponsorship and are accustomed to seeing #ad alongside an influencer’s product reviews and recommendations. But what about cases where an influencer is merely gifted with a product, or invited to an exclusive event – do they need to disclose this too? What if the content is directed at children or utilizes AI?  

This article looks at the latest Canadian guidelines from Ad Standards, the self-regulatory body for Canada’s advertising industry, and the Fall 2025 update to their Influencer Marketing Disclosure Guidelines (the “Guidelines”)¹.  

Disclosure of an influencer’s connections to companies, brands and material inducements (such as payments, incentives and gifts) is important as it promotes transparency and accountability, facilitates trust, and avoids deception, allowing consumers to make fully informed purchasing decisions. Many Canadians agree that disclosure is important. According to a 2023 study², 62% of Canadians feel comforted by the fact that influencers are required to disclose these connections. Influencers and their sponsors should take heed.  

The latest edition of the Guidelines mirrors much of Ad Standards’ previous guidance documents, initially released in 2018 and updated back in Fall of 2020 and 2023 (as discussed in our previous article). However, this edition includes:  

Artificial Intelligence 

The Guidelines note that the regular disclosure requirements still apply to AI-generated influencers, notwithstanding the fact that the “influencer” is not a real person, and that AI-generated influencers are subject to additional requirements. For example, an AI-generated influencer should not provide a testimonial about a quality of a product that it cannot experience (such as smell or taste), and best practice is to disclose the fact that the influencer itself is AI-generated, using hashtags such as #AIinfluencer and the like. Posts that use AI-filters to enhance images or to show the benefits/attributes of products should also disclose their use.  

Advertising Directed at Children 

The Guidelines highlight that children are a special audience requiring extra care in marketing, and disclosure should reflect this. Accordingly, influencers should take extra care in determining how their disclosures will be conveyed, to ensure they clearly indicate that content is an advertisement, and that the influencer is connected to a brand or business. Aside from rules relating to influencer marketing, it is important to keep in mind the general regulatory landscape and industry commitments and best practices relating to marketing to children.  By way of example, Quebec’s Consumer Protection Act prohibits commercial advertising that targets children under the age of thirteen. 

Gifted Products and Relationships  

Disclosure obligations are not limited to financial compensation. The Guidelines indicate that influencers should disclose material connections when they receive other types of benefits, such as free products and exclusive invites, when talking about the product or event. Disclosure may be made through use of hashtags such as #GiftedProduct or #InvitedGuest, as applicable.   

Takeaways 

The Guidelines highlight that appropriate use of IP is not the only consideration that influencers and their sponsors should be alive to. Ensuring that proper disclosures have been made is also imperative to avoiding unnecessary regulatory issues and consumer complaints. Influencers and their sponsors should take care in reviewing and understanding the updates to ensure ongoing compliance with latest Guidance.  

Please do not hesitate to reach out to a member of our Canadian Trademarks team for legal guidance on marketing and advertising law matters, including in relation to influencer marketing and marketing to children in Canada.  

1 A copy of the 2025 Guidelines can be found here. A summary of the disclosure requirements from Ad Standards can be found here.

2 Influencer Marketing Research, 2023, Caddle Research