Advertisment
The advertisement appeared on an Instagram story on an influencer’s (third party) account. The influencer promoted a Spacegoods product called ‘rainbow dust’ which the product packaging stated was a “mushroom and adaptogens super blend.” The influencer can be seen mixing the powder with water.
Complaint
The complainant pointed out that the product being advertised was not recommended for pregnant or breastfeeding women. They said that the influencer had recently posted that she was pregnant on her social media account. The complainant considered that as the advertising did not make it clear that the product was not suitable for pregnant/breastfeeding women, any of the influencers’ followers who were pregnant or breastfeeding could believe, in error, that the product was safe to consume.
Response
Advertisers’ Response:
The advertisers stated that they communicated with the influencer and asked that they either remove the advertisement or issue a subsequent post that would declare that the advertisers’ products were not suitable for pregnant women. The advertisers stated that the influencer consequently removed the advertisement.
The advertisers also said that they had added content to their website which stated:
“Can I take your products while pregnant or breastfeeding?
We recommend speaking with your doctor before using our products while pregnant or breastfeeding. Everyone’s different, and they’ll know what’s best for you.
Your health and safety are our top priorities, so please take the time to discuss any concerns with a medical professional.”
Influencer’s Response:
The influencer stated that their doctor advised them that the product was safe to consume.
Conclusion
Complaint Upheld
The Independent Complaints Council considered the detail of the complaint, the advertisers’ response and the influencer’s reply.
The Council noted the subsequent addition to the website with the recommendation that while pregnant or breastfeeding, to seek medical advice before using the advertised products. They also noted that the influencer had previously announced on her account that she was pregnant, and so her followers would have had access to this information when viewing the advertised post. The Council further noted that of the remedial options considered to either remove the advertisement or issue a subsequent post that would declare that the advertised products were not suitable for pregnant women, that the post was removed. While noting that the advertising had been withdrawn, the Council considered that the advertising could encourage unsafe practices and was, therefore, in breach of Section 3.24 of the Code.
Action Required:
The advertisement must not reappear in its current form.
