Ruling Round Up: May 2026

Welcome to the May 2026 edition of the AdKnow Ruling Roundup.

This month, we break down the most significant ASA enforcement actions affecting UK influencer marketing - including the first-ever rulings under the new 'less healthy food and drink' advertising restrictions, updated non-compliance sanctions, and key disclosure cases, with each ruling including a practical takeaway you can apply to your own content.

CASE 1: First LHF (Less Healthy Food) Enforcement Rulings (April 2026)

On 15 April 2026, the ASA published its first enforcement decisions under the new 'less healthy food and drink' (LHF) advertising restrictions, which took statutory effect on 5 January 2026. Two of the four inaugural rulings involved influencer campaigns - setting critical precedent for how these rules apply to creator content.

Ruling A: Lidl × Emma Kearney - UPHELD

An Instagram post by influencer Emma Kearney for Lidl (seen 8 January 2026) featured the supermarket's bakery range. The ASA upheld the complaint, finding that a Pain Suisse product met both tests required to qualify as LHF: it scored as HFSS under the Nutrient Profiling Technical Guidance, and it fell within Category 8 ('morning goods'). The post breached CAP Code rule 15.19.e, and it fell within Category 8 ('morning goods'). The post breached CAP Code rule 15.19.

Ruling B: German Doner Kebab × Big John - NOT UPHELD

Creator John Fisher (itsbigjohn1) promoted a new GDK restaurant in Romford (posted 13 January 2026), showing him ordering and tasting three menu items. The complaint was not upheld. The ASA found those specific products were not HFSS, so the ad fell entirely outside the scope of CAP Code rule 15.19.

CASE 2: Updated Non-Compliant Influencer List (February 2026)

The ASA maintains a public 'Non-Compliant Social Media Influencers' page for creators who routinely fail to disclose ads clearly. As of 9 February 2026, three influencers remain on the list and are subject to enhanced monitoring spot checks:

Influencer Name	Social Handle	Date Added	Status
Arabella Chi	@arabellachi	9 Feb 2026	Enhanced Monitoring
Krissy Cela	@krissycela	15 Jul 2025	Enhanced Monitoring
Kerry Katona	@kerrykatona7	14 Jul 2025	Enhanced Monitoring

25 influencers have been removed from the list after satisfactorily changing their disclosure practices during enhanced monitoring. Those who remain face potential targeted ASA paid ad campaigns highlighting their continued non-compliance, and onward referral to enforcement partners.

CASE 3: ASA Disclosure Guidance Update (April 2026)

In April 2026, the ASA reinforced its disclosure guidance with a clear message: 'Just say it how it is.' The approved labels remain: #Ad, #Advert, #Advertising, #Advertisement, or #AdvertisementFeature.

Ambiguous terms like '#spon', 'thanks to [brand]', or 'partner' are insufficient. The ASA's AI-assisted Active Ad Monitoring system now proactively scans for non-compliance across platforms, meaning reactive complaints are no longer the primary enforcement trigger.

The regulator is shifting from 'wait and see' to 'find and fix.'

Q1 2026 RULINGS SNAPSHOT

Beyond influencer-specific cases, Q1 2026 saw significant rulings that shape the broader advertising landscape:

Case	Date	Subject	Decision	Key Lesson
Vodafone	7 Jan 2026	Comparative advertising	Upheld	Taglines can’t suggest claims - substantiate or qualify
Coinbase	28 Jan 2026	Irresponsible crypto ads	Upheld	Don't trivialise risk using humour/satire
Kit & Kin	4 Feb 2026	Environmental claims	Upheld	Absolute "eco" claims need full lifecycle proof
On The Beach	11 Feb 2026	Price comparison	Upheld	"Identical" is a high bar - verify every detail

WHAT TO WATCH IN Q3 2026

• EU Digital Fairness Act: Expected Q4 2026.

May introduce binding legislation on hidden marketing and influencer compliance across EU markets - relevant if you work with cross-border creators.

• ASA AI Monitoring Scale-Up:

The Active Ad Monitoring system is expanding. Expect faster identification of non-compliant posts and potentially shorter grace periods for correction. 

• DMCCA Enforcement: The Digital Markets, Competition and Consumers Act 2024 is now fully in force.

The CMA is sharpening its focus on drip pricing, fake reviews, and pressure selling - areas that increasingly overlap with influencer campaigns.

• LHF Rule Expansion:

With the first rulings now published, expect the ASA to apply these rules more aggressively. Food and beverage brands should review all active and planned influencer content immediately.

Disclaimer: This roundup is for informational purposes only and does not constitute legal advice. Rulings are summarised from publicly available ASA publications. For case-specific guidance, consult qualified legal counsel. Sources: ASA.org.uk, CAP Code, Traackr Industry Analysis (April 2026), Osborne Clarke Regulatory Outlook (January 2026). © 2026 AdKnow Limited. All rights reserved.