Influencer Gifting and the New LHF Rules: What You Need to Know
UK brands can still gift Less Healthy Food and drink products to influencers in 2026, but the structure of the relationship matters.
The key question is whether a product has been gifted for the purpose of securing influencer content.
If a creator receives a product in return for an agreed post, specific messaging or guaranteed exposure, the product may be treated as non-monetary payment for advertising.
If the product is gifted without any obligation to post and the creator retains full editorial independence, the relationship is different.
What are the new LHF advertising rules?
On 5 January 2026, new restrictions on advertising identifiable Less Healthy Food and drink products came into force in the UK.
The rules prohibit paid online advertisements for identifiable LHF products at any time. They also introduce restrictions on television and on-demand programme services between 5:30am and 9pm.
For brand managers planning online influencer activity, there are two important questions:
- Is the content paid-for advertising?
- Can consumers identify a specific LHF product?
Both conditions need to be considered when assessing whether the online advertising restriction applies.
What does LHF mean?
LHF stands for “Less Healthy Food and drink”.
You may also see the term HFSS, which means “high in fat, salt or sugar”. Although the terms are connected, they are not completely interchangeable.
To be classed as an LHF product under the new advertising rules, a product must:
- Fall within one of the food or drink categories covered by the legislation; and
- Be classified as HFSS under the relevant Nutrient Profiling Model.
Brands should confirm the status of each product rather than assuming that everything within a particular category is automatically restricted.
Can UK brands still gift LHF products to influencers?
Yes. The 2026 rules do not create a blanket ban on influencer gifting for LHF or HFSS products.
However, calling a campaign “gifting” does not automatically place it outside the advertising rules.
The important distinction is between:
- A product provided in return for content; and
- A product provided without any obligation to create content.
A product has financial value. If it is provided to a creator in exchange for an agreed post, Reel, TikTok or review, it may constitute non-monetary payment for advertising.
Brand managers therefore need to look at how the campaign works in practice, not simply the terminology used in a proposal.
Why does the word “for” matter in influencer gifting?
The updated guidance explains that gifting may constitute payment when a product is provided for an advertisement.
The word “for” points to a link between the benefit received by the creator and the content they publish.
For example, if a creator receives a product on the condition that they:
- Publish content
- Meet an agreed deadline
- Include specified claims or messages
- Follow a mandatory campaign brief
- Submit content for approval
- Make requested changes before posting
then the product is being provided in return for a service.
That is different from sending a product without an obligation to post and allowing the creator to decide independently whether they want to share their experience.
The central question is:
Has the brand arranged for the creator to publish content, or has it simply allowed the creator to experience the product without obligation?
When could influencer gifting be considered advertising?
Influencer gifting is more likely to resemble an advertising arrangement when the brand expects or requires content in return.
Potential indicators include:
- A contractual requirement to publish content
- Gifting that is conditional on posting
- Agreed deliverables
- Mandatory posting dates
- Required claims, captions or talking points
- Detailed creative instructions
- Brand approval rights
- Requests to amend content
- A requirement for positive coverage
- Consequences for not posting
There does not necessarily need to be a formal written contract. An arrangement could also be created verbally or implied through the way a campaign is managed.
For example, a campaign may state that posting is optional while placing repeated pressure on creators to share content. A brand may also say there is no obligation but exclude creators from future opportunities when they do not post. The written terms and the actual operation of the campaign should match.
What is non-obligated influencer gifting?
Non-obligated influencer gifting means that a creator receives a product without agreeing to produce or publish content in return.
The creator remains free to:
- Post or not post
- Choose when to share the product
- Decide which platform or format to use
- Use their own words
- Express a positive, neutral or negative opinion
- Leave the product out of their content completely
The brand does not approve the content, require agreed claims or penalise the creator for choosing not to publish.
This is the model GIFTA follows. Creators opt in because they are genuinely interested in trying the product. Accepting a gift does not create a contractual requirement to post, and choosing not to share content does not affect their access to future gifting opportunities.
Can brands provide product information to influencers?
Yes. Brands can provide creators with factual product information, particularly where it helps them understand, store or use the product correctly.
This could include:
- Product names
- Ingredient information
- Allergen warnings
- Preparation instructions
- Storage guidance
- Availability information
- Accurate factual product details
However, there is a difference between providing useful information and issuing a mandatory content brief.
Risk may increase when creators are instructed to repeat specific claims, follow a script or present the product in a particular way.
Brand managers should ask: Is this information helping the creator understand the product, or telling them what content to produce?
Within GIFTA campaigns, product information is provided for reference. Creators are not required to include it in any content they independently choose to publish.
Should gifted influencer content be labelled as an ad?
The appropriate disclosure depends on the nature of the relationship between the brand and the creator.
If a creator has agreed to publish content in return for money, products or another benefit, the post may need to be clearly identified as advertising.
Where there is no advertising arrangement and a creator independently chooses to share a gifted product, an “Ad” label may not accurately describe the relationship.
The creator should still be transparent about receiving the product free of charge. Clear wording such as “Gifted” or “PR product” can help audiences understand the context.
The objective is not to conceal the gift. It is to describe the relationship accurately.
Can brands guarantee content from an influencer gifting campaign?
A genuinely non-obligated influencer gifting campaign cannot guarantee that every creator will publish content.
Some creators may post immediately. Others may need time to try the product properly, while some may decide it is not relevant to their audience.
This uncertainty is part of genuine editorial independence.
If guaranteed content, fixed deliverables or specific messages are essential, brands may need to consider a paid creator partnership. That activity should be assessed separately, particularly when it features an identifiable LHF product.
Brands should also be cautious about setting internal targets that conflict with the campaign model. Organic gifting should not be presented internally as guaranteed media placement.
Can brands reshare content about a gifted LHF product?
A creator may independently publish content about a gifted product and give the brand permission to reshare it organically with appropriate credit.
However, how the content is subsequently used could change its regulatory context.
There is an important difference between:
- A creator independently publishing content
- A brand resharing that content organically
- A brand paying to amplify that content
- The content being licensed for an advertising campaign
Paid amplification, Partnership Ads and other forms of media spend should be assessed separately. Brands should not assume that because the original creator post was independent, every future use of that content will fall outside the advertising rules.
What should brand managers check before an LHF gifting campaign?
Marketing, legal, procurement and agency partners should agree how the campaign will operate before products are distributed.
Confirm whether the product is classed as LHF
Check whether the product falls within a regulated category and meets the relevant Nutrient Profiling Model threshold.
Decide whether content is required
If creators must publish something in return for the product, the activity is unlikely to operate as independent, non-obligated gifting.
Review the creator brief
Separate essential factual information from mandatory messaging or creative instructions.
Remove content approval
Brand approval and control over the creator’s message can be indicators of an advertising relationship.
Review the consequences of not posting
Creators should not be penalised or excluded from future gifting opportunities for choosing not to publish.
Set realistic internal expectations
Do not promise a guaranteed number of posts from a campaign designed to be non-obligated.
Provide accurate disclosure guidance
Help creators explain transparently that the product was gifted without misrepresenting the relationship.
Plan how content may be reused
Organic resharing, licensing, paid amplification and Partnership Ads may need to be considered separately.
How GIFTA approaches LHF influencer gifting
GIFTA’s approach is built around one principle: gifting, not advertising.
We do not contractually require creators to publish content in return for receiving a product. There are no contracted deliverables, mandatory posting dates or penalties when a creator chooses not to post.
Brands do not approve creator content, dictate opinions or require creators to use predetermined scripts.
The GIFTA model includes:
- Non-obligated influencer gifting
- Creator opt-ins based on genuine product interest
- No contracted content deliverables
- No brand approval of creator posts
- No requirement for positive coverage
- Freedom to express positive, neutral or negative views
- Factual product information provided for reference
- Guidance on transparent gifting disclosures
- Documented creator terms and conditions
This structure is designed to remove the elements usually associated with paid advertising and demonstrate a considered approach to compliance.
Independent gifting is not a loophole
Independent gifting should not be used to disguise an advertising arrangement.
If a brand requires guaranteed content, specific messaging, approval rights or paid amplification, that activity must be assessed for what it is.
However, not every gift should automatically be treated as an advert.
There is a meaningful difference between paying a creator to promote a product and allowing an independent creator to experience it without any obligation to share it.
For brand managers, the safest approach is not to find a more convenient label. It is to build a clear and consistent campaign model that protects creator independence from beginning to end.
Ultimately, the question is not whether you call it gifting.
It is whether the product was given for content.
Frequently Asked Questions About LHF Influencer Gifting
What are the LHF advertising rules in the UK?
From 5 January 2026, paid online advertisements for identifiable Less Healthy Food and drink products are prohibited at all times. Restrictions also apply to television and on-demand programme services between 5:30am and 9pm.
What is the difference between LHF and HFSS?
HFSS describes products that are high in fat, salt or sugar under the relevant Nutrient Profiling Model. LHF is the legal category used within the new advertising restrictions. A product must meet the nutrient profile test and fall within a regulated product category to be classed as LHF.
Is influencer gifting banned for LHF products?
No. Brands can still gift LHF products to influencers. However, the relationship should be assessed to determine whether the product was provided in exchange for advertising content.
Does a gifted product count as payment?
It can. A gifted product may constitute non-monetary payment when it is provided in return for agreed content or advertising placement. The existence of a gift alone does not explain the entire relationship; the connection between the gift and the content matters.
Is a gifted influencer post always an advert?
Not necessarily. Where a creator is under no obligation to post and retains full editorial independence, the content may differ from a paid advertising arrangement. Each campaign should be assessed based on its structure and operation.
Can a brand ask an influencer to post about a gifted LHF product?
A brand can ask, but agreeing or requiring content may create a connection between the product and the post. This could make the activity more likely to be treated as advertising. Brands should seek legal advice before requesting content about an identifiable LHF product.
Can influencers be given a content brief?
Brands can provide factual information about a product. However, required messaging, scripts, creative instructions or approval rights may indicate brand control. In a non-obligated gifting campaign, any information should be provided for reference rather than as mandatory content direction.
Do influencers have to post when they receive a gift from GIFTA?
No. Creators taking part in GIFTA gifting campaigns are not contractually required to create or publish content. Choosing not to post does not affect their access to future gifting opportunities.
Should an influencer use “Ad” or “Gifted”?
The correct disclosure depends on the relationship. Content created under an advertising arrangement may require an “Ad” label. If a creator independently shares a product received without an obligation to post, wording such as “Gifted” or “PR product” may more accurately explain the relationship.
Can brands approve gifted influencer content?
Brand approval can be an indicator of control. Under GIFTA’s non-obligated gifting model, creators retain editorial independence and brands do not approve their content.
Can a gifting campaign guarantee influencer content?
A genuinely non-obligated gifting campaign cannot guarantee that every creator will publish. If guaranteed content is required, the activity may need to be structured as a paid creator partnership and assessed under the LHF advertising rules.
Can brands reshare gifted influencer content?
Creators may permit brands to reshare independently created content organically with credit. Paid amplification, licensing and use within advertising should be reviewed separately, as the regulatory position may change when media spend or additional commercial arrangements are introduced.
Do the LHF rules apply to organic social media posts?
The new online placement restriction concerns paid-for advertising. However, whether influencer content is genuinely organic depends on the relationship between the creator and the brand. A post should not be assumed to be organic simply because no cash payment was made.
Are brand-only advertisements exempt from the LHF rules?
Certain brand advertising may be exempt, but the exemption is detailed and depends on whether a specific LHF product is identifiable. Recent ASA rulings show that imagery, characters, colours and other brand assets may allow consumers to identify a particular product. Brands should obtain legal advice before relying on the exemption.
Who is responsible for LHF influencer marketing compliance?
Brands, agencies, creators and other parties involved in arranging advertising may all have responsibilities. Brand managers should involve legal and compliance teams early rather than relying solely on the creator or gifting partner.
Where can brands find the official LHF guidance?
Brand managers can read the official CAP guidance on less healthy food and drink advertising and the accompanying Annex C implementation guidance.
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