The rise of “dupe culture” has reshaped product marketing across fashion, beauty and beyond, as influencers increasingly promote low-cost alternatives to luxury – and other high-end – goods with viral appeal. Yet, while the term “dupe” may signal affordability and trendiness to consumers, its promotion, particularly through influencer-led content, has drawn the attention of regulators and courts in Europe. At the center of the legal conversation is whether influencer-led dupe promotion crosses the line from marketing to misrepresentation.
While dupes may avoid infringing trademarks or trade dress, legal concerns often arise from the messaging surrounding them. When influencers suggest that a budget product is identical to a luxury item, or imply equivalence through aesthetic, sensory, or performance-based claims, those representations could give rise to legal exposure. The growing reliance on influencer-driven comparisons, particularly when undisclosed or unverified, has prompted regulators to examine whether these practices mislead consumers or unfairly leverage the reputation of better-known brands.
Consumer Law and the Dupe Economy
In the European Union, influencer marketing is governed by the Unfair Commercial Practices Directive (“UCPD”), the principal consumer protection law across the single market. It prohibits misleading practices that distort consumer decision-making, whether through false information or the omission of material facts. This includes product comparisons, performance claims, and any undisclosed sponsorships.
This framework has direct implications for dupe marketing, where claims of luxury-level performance must be objectively substantiated. Without such verification, influencers risk misleading consumers and incurring liability under the UCPD. EU law also requires disclosure of any compensation – monetary, in-kind, or commission-based – earned by influencers in connection with promotional content. Failure to do so may constitute unlawful advertising and expose both influencers and brands to national enforcement.
In the U.S., similar obligations arise under the Federal Trade Commission Act and state-level false advertising laws. The FTC requires influencers to clearly and conspicuously disclose any material connection to a brand, including payments, free products, or affiliate links. Beyond disclosure, influencers may also face liability under federal and state false advertising laws if they misrepresent a product’s qualities or imply unfounded equivalence to a well-known brand.
Regulators are increasingly attentive not only to product endorsements but to the broader messaging strategies that shape consumer expectations. In the context of dupe culture, where much of the appeal hinges on associations with well-known luxury brands, the influencer’s role in shaping those associations is increasingly central to emerging liability frameworks.
Italy’s Enforcement Push: From “Pandoro-Gate” to Policy
This pan-European scrutiny has been especially pronounced in Italy, where recent enforcement actions have triggered legal reforms targeting influencer behavior. Chiara Ferragni’s high-profile legal battle over misleading charitable marketing – though not dupe-related – has become a flashpoint for influencer accountability. Following fines from Italy’s competition authority and the opening of a criminal fraud case, Ferragni’s case accelerated reforms requiring prominent digital creators to register with regulators and comply with stricter advertising and disclosure laws.
In response, the Italian Council of Ministers approved the DDL Beneficenza, a draft law introducing new transparency rules for campaigns tied to charitable causes. Brands and influencers would be required to disclose on product packaging and in related marketing: the recipient of proceeds; the purpose of the donation; and the total donation amount or per-unit contribution.
These disclosures must also be submitted in advance to AGCM, with follow-up reporting after the donation deadline. Fines for noncompliance range from €5,000 to €50,000, with the potential for business suspension in serious or repeat cases. Though still in draft form, the law reinforces Italy’s broader push to regulate commercial storytelling that leans on emotional appeal or cause-based marketing.
In parallel, communications authority Agcom issued new guidelines in January 2024 targeting high-reach influencers, those with one million followers, high engagement, and a track record of paid content. Under these rules, such creators are treated as Audiovisual Media Services, akin to traditional broadcasters under Italian media law. The guidelines require influencers to clearly disclose all sponsored content (e.g., using #adv), respect human dignity, avoid subliminal advertising, and comply with protections for minors. They also introduce editorial responsibility, obliging influencers to verify claims, cite sources, and avoid spreading misinformation. Penalties for violations range from €10,000 to €600,000 depending on the infraction.
While limited in scope for now, Agcom has indicated the framework may expand – potentially bringing a broader range of influencer activity under regulatory scrutiny. Agcom’s approach signals a broader shift: influencer content – regardless of tone or platform – is now subject to the same scrutiny as traditional advertising.
THE BIGGER PICTURE: Taken together, the legal landscape across Europe suggests that influencer-driven dupe marketing cannot rely on informal norms or assumed good faith. As regulatory frameworks across the EU evolve, the days of informal or ambiguous influencer endorsements – particularly in dupe marketing – are quickly fading. Influencers and brands alike are being held to standards that demand transparency, substantiation, and legal compliance.
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