Is that fitness post an advert? CMA labelling rules, the offer, children and a health-claim evidence file

What should I confirm before someone buys?

Before money changes hands, show the total price and any repeat charges, eligibility, minimum commitment, cancellation conditions, material limits, scarcity messages and refund route. Any results statement must reflect the creator's actual experience and cannot imply that buyers should expect more than that experience supports.

The CMA's unfair commercial practices guidance explains the ban on unfair trading under the Digital Markets, Competition and Consumers Act 2024. Schedule 20 lists practices that are unfair in every case, including editorial material promoted for payment when the payment is not disclosed. It also covers fake consumer reviews, which must represent genuine experience.

For distance sign-ups, regulation 29 of the Consumer Contracts Regulations 2013 gives consumers a right to cancel during the cancellation period without stating a reason. Under regulation 30, that period ends 14 days after a service contract is entered into. Put the cancellation right, minimum commitment and refund route in view before payment.

Treat a before-and-after image as a claim needing its own review. Establish permission, the dates, any editing history and the precise impression it creates; permission alone does not show that the message is supported. Keep enough context to judge what the image communicates and whether the evidence fits.

Which fitness posts are advertising?

A fitness post is advertising when its creator receives a benefit or uses it to promote their own business, so the decision turns on that relationship rather than reach or authorship. Follower numbers and the person who drafted the wording do not settle whether disclosure is needed.

Log the commercial relationship against the precise post or sequence items it affects. A benefit may relate to separate posts or only selected parts of a sequence, so identify each affected item and retain the decision with the release materials for later checking.

Include money, products, memberships, event access, discounts, loans, affiliate commission and ownership interests in the benefit record. The CMA's social media endorsements guidance addresses paid posts, gifted items and creators promoting their own businesses, so compare the relationship record with the creator's duties.

Check those duties in the commercial contracts, and use the affiliate checklist when commission links are involved. Audience size and whether a brand controlled the final wording do not alter the disclosure decision. Keep the reasoning with the affected post details in the release record.

What should sit in a health-claim evidence file?

Keep a separate evidence record for each health claim, connecting its exact wording with the supporting material, relevant population, outcome, limitations and reviewer decision. Sort statements into factual description, personal opinion, objective performance claim or health claim, then send health content to a clinical expert for review and approval.

Check the reviewer against the [HCPC register] of health and care professionals who meet the regulator's standards. Registration verifies the reviewer's status, not whether a product claim is true; being listed does not prove that a promised outcome will happen.

For foods and supplements, compare every nutrition or health statement with the Great Britain nutrition and health claims register. Only authorised wording recorded there can be used in Great Britain. A testimonial records what someone said, but it does not by itself prove that a programme caused the outcome they reported.

Remove wording such as pain-free, safe for everyone or guaranteed transformation unless a qualified reviewer finds adequate support matched to the specific claim. Send each statement to the appropriate reviewer before publication using the compliance guide, then keep the decision with the material supporting it.

How do I make viewers notice the advert label?

Make the advertising status plain, prominent and understandable before anyone engages with the post. A tag, discount code or affiliate link alone is not enough, and a label hidden among hashtags or difficult to read against the finished image is not sufficiently clear.

For podcast and video advertising, state at the beginning that it is an advert. In a carousel or sequence where viewers can open individual items directly, mark every item containing promotional messaging rather than relying on a label elsewhere in the sequence.

Inspect the finished post on a real device and with the account logged out. Keep a record of the visible version and the disclosure decision; the disclosure policy offers sample wording, but the label still needs to stand out in context.

Could an adults-only post still reach children?

Yes. An adults-only notice does not remove the risk when a placement is likely to reach children. Before approval, record the intended age group, placement safeguards and likely actual audience, then decide whether the promotion is suitable for that setting; the notice cannot replace this assessment.

Schedule 20 prohibits adverts from directly urging children to buy the promoted product or persuade parents or other adults to buy it. For fitness challenges, consider unsafe imitation and the surrounding body-image message; use the risk scenarios to rehearse a possible failure before approval.

Does a platform label mean I am compliant?

No. A platform's paid-partnership control is useful only if it clearly tells viewers that the post is an advert. If its message is unclear, add #Ad near the beginning where it is readily noticed. Record both the platform setting and the viewer-facing wording, because platform acceptance is not legal approval.

The CAP Code sets industry advertising rules, while the ASA enforces them and may name creators who do not comply. A platform's decision to accept a post does not establish compliance with advertising or consumer law, so treat the tool setting and visible label as separate checks in the release record.

What should I do first?

Start with the version viewers will see and the benefit behind it, then pause publication until advertising, consumer-law and registered-health reviewers have checked their respective material. Keep those reviews separate because disclosure, purchase terms and claim evidence address different risks.