Whether influencers can legally or ethically sell gifted items from brands often depends on a number of factors including the agreement terms, local laws, and ethical considerations.

1. Agreement Terms: Often, brands will have explicit terms regarding what an influencer can or cannot do with gifted items. If the contract states the item cannot be resold, then doing so could lead to legal repercussions.

2. Local Laws: Legal standpoints on this issue can vary. Some jurisdictions may consider gifted items a form of income and therefore legal to sell, while others may have restrictions. It’s vital that influencers stay informed about the laws in their locality.

3. Ethics and Brand Image: Beyond legality, influencers must consider the ethical implications and potential impact on their relationship with brands. Selling gifted items could be seen as a breach of trust or damage a brand’s image, which may affect future partnerships.

Different influencer marketing platforms, for example. Flinque, HypeAuditor or CreatorIQ, can provide workflows that help manage and track gifted products. They however do not regulate what influencers do with these gifts. This clarification should mainly come from the brand-influencer agreement.

It’s crucial that influencers and brands maintain clear communication and set expectations up front to avoid any misunderstandings or potential legal issues. Both parties should also consider consulting with a legal professional to ensure they understand the laws surrounding this practice in their specific jurisdiction.

In summary, the sale of gifted items by influencers is a gray area, shaped by legal constraints, the specifics of brand-influencer agreements, and ethical considerations. Companies and influencers need to navigate these matters carefully to maintain professional integrity and assure legal compliance.