Do you know what happens if you don't tag #ad in a piece of content?

In the era of digital influence, partnerships between brands and content creators have become part of companies' commercial strategy, especially in the fashion market. But there is a basic rule that, if ignored, can have serious consequences: the need to indicate that it is advertising.

The Consumer Protection Code (CDC) requires transparency in advertising communication. When content is sponsored, whether through payment, exchange or other advantage, it must be indicated as such, with hashtags such as #paid partnership, #ad or clear identifications in the content itself. Hiding the fact that a post is sponsored constitutes misleading advertising. And this can lead to liability for both the influencer and the brand.

The legal impact does not fall only on the person who made the post. The brand that commissioned the content can also be held liable, including jointly and severally, if the consumer is misled or suffers some type of loss as a result of this omission.

And what are the consequences?

• Warning and fines issued by consumer protection agencies, such as Procon.

• Sanctions from Senacon (National Consumer Secretariat) and, occasionally, from Conar (National Advertising Self-Regulation Council).

• Loss of credibility with the public.

• Joint and several liability: if the influencer fails to advertise and this causes harm to the consumer, the brand may also be held liable for the loss.

In the fashion world, where influence and desire are valuable assets, care with communication is even more delicate. Profiles and brands with strong visual appeal need to be legally structured, including to guide contracts with influencers, define advertising obligations and align practices with current legislation.

Legal advice in Fashion Law helps to:

• Structure contractual clauses that require advertising signaling;

• Assess legal risks in campaigns and partnerships;

• Protect brands from lawsuits and damage to reputation.

In short: The omission of #publi may seem like a detail, but it is an error with legal and commercial impact. In Fashion Law, communicating transparently means protecting the brand and the consumer.

To ensure safety in advertising and commercial partnerships, having the guidance of specialized legal counsel is not only recommended, it is strategic.