Roschier successfully represents client in landmark case on influencer marketing
Roschier successfully represented Kenza Zouiten AB, the company behind one of Sweden’s most well-known influencers, in a landmark case against the Swedish Consumer Ombudsman in the Swedish Patent and Market Court.
The main issue in the case was whether content published on an influencer’s social media channels, that relates to a company and products with which the influencer also had a paid collaboration or was otherwise produced in connection with paid collaborations, should be regarded as marketing or editorial content.
Had the Swedish Consumer Ombudsman’s claim succeeded, this would mean that companies could be liable for social media content about their products or services which they had not paid any influencer to produce.
However, the Court agreed with Roschier’s client and dismissed the claim, confirming that only posts actually paid for under a contract with a company constitute marketing and that influencers may publish e.g. photos from trips in connection with paid collaborations as editorial content. This is a clarification of significant practical value and an important legal precedent in relation to harmonized EU law on unfair commercial practices.