Who: The Advertising Standards Authority (ASA), Gemma Markland (t/a @themarklandhome), Guangzhoushi Yingyi Maoyi Youxiangongsi (t/a LANPN)
Where: United Kingdom
When: 27 May 2026
Law stated as at: 16 June 2026
What happened
In November 2025, Gemma Markland posted a video on her social media account, showing two nutcracker-themed cushions being arranged on a bed, and the caption invited followers to comment “LINK” to receive a purchase link.
A complaint challenged whether the post was obviously identifiable as a marketing communication. Ms Markland maintained that she had bought the cushions herself and had not had any contact with the seller. She added that, had she been gifted the items, paid to promote them or asked to review them in return for any other form of payment, she would have labelled the post as an ad, as she did with her other paid-for posts. LANPN did not respond to the ASA’s enquiries. A leading marketplace platform confirmed that participants in its affiliate programme were required to comply with its internal policies, including clear and appropriate disclosure of affiliate relationships.
The ASA upheld the complaint. On the question of whether the post constituted an ad, the ASA accepted that Ms Markland had purchased the cushions herself and had not received payment or any other incentive from LANPN. However, it found that the link she shared was an affiliate link to her marketplace platform storefront which would earn her commission on resulting purchases. The post was therefore directly connected with the supply of goods and was a marketing communication under the CAP Code. The ASA stated that in cases of affiliate marketing, both sellers and affiliate marketers bear responsibility under the CAP Code, regardless of whether the content was created independently and without any input from the brand.
The ASA further found that the post was not obviously identifiable as an ad. Consumers would have understood it as a personal recommendation shared without financial incentive. While Gemma Markland’s online storefront displayed “Earns commissions” text, that disclosure was only visible once consumers had navigated to the storefront via the link. The ASA confirmed that this was insufficient to ensure that the post was obviously identifiable as an ad.
Why this matters
This ruling is a reminder that affiliate marketing arrangements trigger ad disclosure obligations under the CAP Code, even where a creator has received no direct payment. Earning commission through an affiliate link is sufficient to bring a post within the CAP Code’s scope. Platform-level disclosures that are visible only after a consumer has clicked through to a linked page will not suffice. Both brands operating affiliate programmes and the creators participating in them should ensure that posts are clearly and prominently labelled as ads before any consumer engagement with a link.
