Health & Beauty

Three stories were posted on the influencers social media account that featured the advertisers’ products. All three stories featured two images each, one which depicted the influencer using the advertisers’ products and a second which presented the results achieved using the products.

In the first image relating to the first story, the advertiser was tagged in the top right corner of the screen followed by the wording “baad”. Text in the centre of the first image stated, “42% off at 4pm, DO NOT MISS !!!!!!!!! twinsbp is code”. In the second image, the advertiser was tagged followed by the wording “baad” in the top left corner of the screen beneath the influencer’s Instagram handle. Text in the centre of the image read, “Wait until 4pm to use my code – “TWINSBP” is discount”.

In both images relating to the second story, the advertiser was tagged in the top right corner of the screen followed by the wording “ba.ad”. Text in the centre of the screen said, “My fave makeup product I ever used !!!!!!!!!!! – My shade is “MEDIUM GOLD””. Beneath this was a text box stating “🔗linked ☀️” as well as ““Twinsbp” is my code 🥂”.

In the first image relating to the final story, the advertiser was tagged in the top right corner followed by the wording “ba.ad”. In the second image, there was no tag or disclosure language and colourful writing on the left of the screen stated “glowing” three times. Text in the centre of the screen said, “If you want to achieve that dewy summer glow ✨look no further 👇”.

Three complaints were received against the social media advertising on the following grounds:

Issue 1: that the influencer was using a filter while applying the advertisers’ product on herself and that this was misleading.

Issue 2: that the disclosure wording was barely visible as it was written in white text and located towards the top of the screen. They considered this to be misleading.

Advertiser Response:

The advertisers did not respond to the request for comment.

Influencer Response:

Issue 1:
In response to Issue 1, the influencer questioned whether there was evidence to demonstrate that they were using a filter in the stories and said that they would take this as a compliment.

Issue 2:
The influencer did not comment on Issue 2 of the complaints.

Complaints Upheld.

The Complaints Council considered the detail of the complaint and the influencer’s response. The Council expressed concern at the advertisers’ failure to respond to the complaint. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.

Issue 1 – Upheld:

The Council noted that no evidence had been received showing that a filter had not been used while the products were being applied. In the absence of such evidence the Council considered there was a potential to mislead and as such, the content was in breach of the Code at sections 3.10, 4.01, 4.04, 4.09 and 4.10.

Issue 2 – Upheld:

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). They also noted the joint guidance published by the Advertising Standards Authority and the Competition and Consumer Protection Commission (CCPC) on disclosing advertising content, which provided that advertising content should have one of three primary labels as a disclosure; #AD, a platform provided tool or #Gifted. They also noted that a secondary label could be used in addition to (and following) the primary label such as #BrandAmbassador in this case.

The Council noted that the advertisement had included “ba.ad” and “baad”. Neither format was in conformity with the disclosure labels set out in the Guidance. They concluded, therefore, that the lack of disclosure resulted in the advertising being likely to mislead consumers about the nature of the content and considered it to be in breach of Sections 3.31, 3.32, 4.1, and 4.4 of the Code.

ACTION REQUIRED:
The advertisement must not reappear in its current form. The Council reminded all parties of the requirements of the Guidance in disclosing commercial content.