The marketing constraints in 2026 are shaped by a stack of regimes that all bear on the same campaign.
MiCA (Regulation (EU) 2023/1114). Fully in force since December 30, 2024, the EU’s Markets in Crypto-Assets Regulation covers crypto-asset service providers (CASPs), asset-referenced token (ART) issuers, and e-money token (EMT) issuers. Marketing materials for ARTs and EMTs must align with the whitepaper, be fair and clear, and avoid misleading statements. Promotional content directed at EU residents falls under these rules even if the issuer is not headquartered in the EU. ESMA’s MiCA implementation guidance sets the supervisory framework.
The GENIUS Act. The first US federal framework for payment stablecoins, the GENIUS Act sets reserve, redemption, and disclosure standards for stablecoin issuers. Marketing claims around stability, redemption rights, and reserve composition are now governed at the federal level. Issuers operating outside the framework face restrictions on the language they can use in promotional materials.
SEC enforcement. The Securities and Exchange Commission has pursued enforcement actions against unregistered securities offerings disguised as utility tokens for years. Its crypto assets enforcement page catalogs the relevant actions. Marketing language that frames a token as an investment opportunity, promises returns, or implies a managerial relationship between buyers and project teams continues to attract scrutiny. The Howey test still governs the analysis.
FTC Endorsement Guides. The FTC’s Endorsement Guides require clear and conspicuous disclosure on paid endorsements. The FTC continued its 2025 enforcement posture on crypto influencer disclosures, building on the foundational precedent where the SEC settled with a major celebrity endorser for $1.26 million over undisclosed crypto promotion. KOL placements without disclosure remain one of the highest-frequency enforcement vectors going into 2026.
FCA financial promotions regime. Since October 8, 2023, UK-facing crypto financial promotions must be approved by an FCA-authorized person or fall within a narrow exemption. The FCA’s crypto-assets page details the regime. Section 21 of the Financial Services and Markets Act 2000 governs the offense of unapproved financial promotion, with penalties including unlimited fines and up to two years imprisonment.
CySEC marketing rules. The Cyprus Securities and Exchange Commission governs marketing by CySEC-licensed brokers and crypto firms operating in the EEA, with specific requirements that overlap with MiCA.
FinCEN guidance and the Bank Secrecy Act. Marketing copy for money services businesses (MSBs) must align with FinCEN requirements. The Travel Rule has implications for how custody and transfers are described publicly.
OFAC sanctions. Geofencing and content distribution must respect sanctioned jurisdictions. OFAC’s sanctions programs define the restricted list. Marketing distributed in a sanctioned country is a sanctions exposure.
Other regional regimes. ESMA (EU-wide), MAS Singapore, VARA Dubai, and ASIC Australia all maintain marketing frameworks that affect global launches.
The compounding effect of these regimes means a single launch campaign can trigger compliance review under six or seven separate regulators, depending on the audience geography and token classification.