Marketing Compliance Checklist 2026 — 16 Things to Check Before You Launch

Remove or substantiate all earnings claims** — Any claim that implies a consumer can achieve a specific income level — including lifestyle imagery — requires substantiation. Add an earnings disclaimer if you cannot remove the claim.

Ensure testimonials reflect typical results** — If you feature a customer who achieved exceptional results, disclose that their results are not typical and provide context for what average customers achieve.

Verify all countdown timers are genuine** — Countdown timers that reset are illegal under EU DSA rules and targeted by the CMA and ACCC. If your timer isn't counting down to a real deadline, remove it.

Confirm all scarcity claims are accurate** — "Only 3 left" or "Limited to 10 spots" must be factually accurate. Fake scarcity is specifically named as an illegal dark pattern in multiple jurisdictions.

Match your guarantee language to your Terms of Service** — If your copy says "no questions asked money back guarantee" but your ToS says "all sales final" — you have a contract contradiction. Fix one or the other.

Never contract out of statutory rights** — UK consumers have a 14-day cooling-off period. EU consumers have 14 days. Australian Consumer Law provides non-waivable guarantees. Your Terms cannot remove these rights.

Remove all unauthorised health claims** — Claims that a product "cures," "treats," "heals" or "boosts" health require regulatory authorisation in every major jurisdiction. Replace with qualified language: "may support..." rather than "boosts..."

Verify email consent is GDPR-compliant** — All email marketing consent must be freely given, specific, informed and unambiguous. Pre-ticked boxes are illegal. Check every opt-in mechanism.

Ensure your Privacy Policy is current and linked** — Your Privacy Policy must be clearly accessible from every page where you collect data. It must accurately describe what you collect and how you use it.

Display the full price upfront** — All mandatory fees must be included in the advertised price. Drip pricing — adding fees at checkout that weren't shown upfront — is illegal in the UK, EU, US, Australia and Canada.

Disclose all incentivised reviews** — If a customer was paid, gifted a product or incentivised in any way to leave a review, this must be disclosed. Failure to disclose is illegal under FTC, CMA and ACCC rules.

Substantiate all comparative and superlative claims** — "The UK's leading," "#1 rated," "better than competitors" — all require verifiable evidence. Remove or document the evidence for every such claim.

Disclose AI-generated content** — EU AI Act Article 50(4) requires disclosure of AI-generated marketing content from 2 August 2026. Add disclosure language to all AI-generated or AI-assisted copy.

Review AI-generated endorsements** — FTC guidelines require disclosure when AI systems generate or select endorsements shown to consumers. Review all AI-powered recommendation features.

Check automated decision-making disclosures** — GDPR Article 22 gives consumers rights around automated decisions. If your marketing uses AI to personalise pricing or eligibility, this must be disclosed in your Privacy Policy.

Audit your CASL compliance for Canadian recipients** — CASL requires express consent and carries fines up to $10 million CAD per violation. If you have Canadian subscribers, verify your consent records are compliant.