Advertisment
The following posts were posted on the advertisers social media account:
Post 1:
“Looking at outfit ideas for my new leggings
Pink jumper:
https://rstyle.me/cz-n/fc8cp5cca7p
Leggings:
https://rstyle.me/cz-n/fc8cbjcca7p
(Use code ‘LETSGOOUTSIDE’ for 20% off all Sweaty Betty items!)
Runners:
https://rstyle.me/cz-n/fc8c8zcca7p
(On sale now – 40% off!)”
Post 2:
“RESTOCK
I know I’ve mentioned these on my stories a million times but if you’re ever on the hunt for a bra which is totally seamless and gives great, these ones from H&M are brilliant! I never wear white tops without the cream version of these. It prob sounds silly but I like ‘seam less’ look at the back – not lumps, bumps, clips and wires from bras peeking through!
Here’s the link to them:
https://rstyle.me/cz-n/e7wescca7p ”
Post 3:
“Sunday Style
Hope you’re having a lovely day!
Link to my dress: https://bit.ly/3heEqa7 Nicola Ross”
Post 4:
“Life is short, wear the shoes
https://bit.ly/2Q2qaq3”
Post 5:
“On my feet today!
Such a comfy pair of trainers. I’m not sure if there’s a mistake on the website or what but they’re only €18
Link here: https://bit.ly/3aRBUTz
Get That Trend”
An amended post 1 that had ‘af’ at the end was also provided in the complaint for comparison:
“Looking at outfit ideas for my new leggings
Pink jumper:
https://rstyle.me/cz-n/fc8cp5cca7p
Leggings:
https://rstyle.me/cz-n/fc8cbjcca7p
(Use code ‘LETSGOOUTSIDE’ for 20% off all Sweaty Betty items!)
Runners:
https://rstyle.me/cz-n/fc8c8zcca7p
(On sale now – 40% off!) af”
Complaint
The complainant considered that the posts were misleading because they did not state that the links were affiliate links. (1)
Footnotes:
(1) https://www.techopedia.com/definition/1397/affiliate-link: Affiliate marketing involves a company that recruits affiliates to sell its products or services online. When affiliates sign up at the provider’s website, they are provided with a specific link to that website. When visitors to the affiliate’s site click on the advertisements and go to the advertiser’s site, the affiliate may receive a commission if that click leads to a sale. The advantage of affiliate links is that they track sales and offer opportunity to those who are interested (affiliates) in selling another party’s products. [accessed 19.11.21]
Response
The advertisers wanted to record their dismay at being the subject of a complaint to the ASAI as they had always strived to ensure best practice in promoting items online and was saddened to learn of their oversight in this manner. They said that over the last 10 years, they had worked hard to build a strong social media presence by creating fashion and lifestyle content to be enjoyed by those who followed same, and that genuineness, honesty and clarity were cornerstones of their approach to how they published content on the social media platforms used by them.
They said that they were aware of the requirements of the Code of Standards for Advertising and Marketing Communications published Advertising Standards Authority for Ireland and had always used their best endeavours to comply with same.
They said that, regrettably, however, having reviewed the images enclosed with the complaint, it was clear to them that on this occasion they failed to meet the appropriate standards as the posts concerned did not include the hashtag #af which they fully accepted ought to have been included. They said they were genuinely sorry for this oversight, which would not be repeated. They said they believed that all of their posts, except for those the subject of this complaint, complied fully with the ASAI Code. By way of example, they provided a sample of their posts across various dates that demonstrated their efforts at ensuring full compliance with the ASAI Code.
The advertisers said that their career was founded on their reputation, and they would never had knowingly acted in breach of the ASAI Code in light of the damaging effect a complaint concerning their advertising practices could have on their business.
They confirmed that they had revised the ASAI Code as a result of the ASAI correspondence and would remain vigilant going forward so that all posts published by them on their social media platforms were fully compliant with the Code.
Conclusion
Complaint Upheld.
“The Complaints Committee considered the detail of the complaint and the advertisers’ response, and noted the oversight that had given rise to the omissions in the posts in questions.
The Committee noted the Code requirement that a marketing communication should be designed and presented in such a way that it is clear that it is a marketing communication. (S. 3.31).
They considered that where content included affiliate links to a brand’s website where consumers’ purchases would result in a commission being paid, such content was marketing communication. Therefore, a clear and prominent disclosure must be given in the content at the time the content is posted. In this instance, it was not clearly visible at the time of the posts went live. In the circumstances, the Committee considered that the posts were in breach of Code section 3.31.
ACTION REQUIRED:
The Complaints Committee reminded advertisers that it must be clear to consumers when content is marketing communications.
