Advertisment
The advertisement appeared as stories on the influencers’ Instagram account. A weight-loss app called Avo was promoted. The influencer stated:
‘It really helps me with my weight loss goals…my coach Avo is there for me anywhere & everywhere even when I am out for a meal she will help me what to order from the menu to help me still achieve my goals…I love that my AI coach is always there giving tips and trick throughout the day…I want to look my best for the twinnies Communion so I am tracking everything I eat & exercise as I want to look my best for their big day.’
The advertisement also included two images from the app
An affiliate link to the app was provided in the advertisement offering a 50% discount.
The link text stated
‘Try the app here.’ With the word ‘Ad’ in white text beside the link on the right.
In another image the link states ‘The app I am using,’ with the word ‘Ad’ in white text beside the link on the right.
Complaint
The complainant considered the advertising misleading as it was not immediately clear that the content was a marketing communication due to the size and prominence of text and said that either an incorrect disclosure or no disclosure was used.
Response
Advertiser Response:
The advertisers stated that the content in question was created and posted by the influencer under an influencer services agreement. They said that under the agreement, specifically the ‘Disclaimers’ provision, the influencer was required to ensure that all posts complied with legal and regulatory guidelines, including clearly marking sponsored content and including appropriate disclaimers in all deliverables. : They said that the agreement further stated that the influencer had sole responsibility to ensure that all links and other promotional material in the deliverables complied with all applicable laws and guidelines regarding endorsements.
On the basis of these contractual obligations, they said that their expectation was that the influencer would include clear and compliant advertising disclosures in each Story frame. They recognised the concern that in this instance the “Ad” label may not have been sufficiently clear or prominent in all frames for all viewers.
Influencer’s Response:
The influencer questioned the rationale for investigating the complaint.
Conclusion
Complaint Upheld
The Independent Complaints Council considered the detail of the complaint and the advertisers’ and influencer’s response. The Council noted the Code requirements that marketing communications should be clear that they are marketing communications (3.31) and should not misrepresent their true purpose such as being presented as user-generated content (3.32). The Council noted that the disclosure used was not immediately apparent either by placement or by prominence. The Council considered therefore that the advertising was likely to mislead consumers about the nature of the content. The Council concluded that the advertisements were in breach of Sections 3.31, 3.32, 4.1, and 4.4 of the Code.
Action Required
The advertising should not reappear in the same format.
