When a brand sends free products to an influencer without requiring a post, this is "gifting." If the influencer chooses to post, they must still disclose the gift with "#gifted" or "#gift" — the ASA requires disclosure wherever the brand has provided any material benefit, even if there was no posting obligation.

• Even unsolicited gifts must be disclosed: #gifted or #gift
• If brand requires a post: this becomes an ad — #ad required
• Gifting without obligation: creator can post honest (positive or negative) review
• No contract is legally required for pure gifting, but a letter creates clear expectations
• HMRC: gifted goods may be taxable income for the influencer

Legal reference: ASA CAP Code r.2.1, r.2.4; CMA Consumer Protection from Unfair Trading Regulations 2008