Gymshark Class Action: What It Means for the Future of Influencer and Creator Marketing

The first influencer suit that targets your contracts, not just your captions has been filed against Gymshark.

Aside from the usual, "no sponsorship disclosure" issue, the complaint claims some influencers were locked into exclusive deals that kept them from endorsing competing brands, and that this wasn't disclosed to consumers. Because of it, the suit argues people were left thinking these creators genuinely preferred Gymshark over other athletic apparel, when it was actually baked into their contracts.

Pending the outcome - if you're negotiating deals on behalf of creators, the undisclosed exclusivity element might just give you some unexpected leverage. When brands push for strict exclusivity (or even broad category exclusivity), you can now point to cases like this and make a clear compliance argument:

“If exclusivity is non-negotiable for you, we need to either build clear, conspicuous disclosure into the content strategy or remove it so our client can maintain full transparency with their audience. Hidden restrictions are becoming a liability.”

This changes the negotiation dynamic. Brands that want the “they only use us” look now have two choices — disclose the relationship properly or accept a non-exclusive (or narrowly exclusive) structure. Both options weaken the old model where exclusivity was quietly imposed with little extra compensation and no transparency.

For creators: this could be meaningful. It reduces your risk of being locked into below-market exclusive deals that limit your ability to work with complementary brands or show products you genuinely like. It also protects your long-term credibility — audiences are increasingly skeptical of creators who appear to have no freedom of choice.

For talent agents: treat exclusivity as a negotiable line item with real value attached, rather than a standard brand ask.

For brands: the FTC is no longer the main thing you should be worried about when it comes to creator partnerships. Private class actions have taken over as the real driver of enforcement, and they're moving with a standardized complaint approach that's getting tighter and more effective every time a new one lands.