Advertisment
An Instagram story featuring BPerfect Cosmetics tanning products was posted to the influencers’ account. The story featured the influencer speaking to camera or screenshot images of the products as listed on the advertisers’ website.
Image 1:
Wording on screen in image 1 was:
“SARAHBP
@bperfectcosmetics ad ba”
A link to the advertisers’ website was also on screen:
“BPERFECTCOSMETICS.COM
Image 2:
The image featured the influencer speaking to camera with a screenshot of a bottle of tanning drops. On screen text stated:
“Lash on moisturiser then these and its gorgeous on the skin.
@bperfectcosmetics ad ba
SARAHBP”
A link to the advertisers’ website was also on screen:
“EU.BPERFECTCOSMETICS.COM”
Image 3:
A screenshot from the advertisers’ website featured the ‘Self Express Tanning Mousse’ product. On screen text included the advertisers’ Instagram handle, the influencer’s discount code, a link to the advertisers’ website, together with the influencer’s comment on the product.
“@bperfectcosmetics ad ba”
“SARAHBP”
“EU.BPERFECTCOSMETICS.COM”
Image 4:
A screenshot from the advertisers’ website featured the Tanning Drops. On screen text included the advertisers’ Instagram handle, the influencer’s discount code, a link to the advertisers’ website and commentary by the influencer on the product.
“@bperfectcosmetics ad ba”
“SARAHBP”
“EU.BPERFECTCOSMETICS.COM”
Complaint
Two complaints were received on the grounds that the content had not been correctly disclosed as a marketing communication.
Response
Advertiser:
The advertisers did not respond to the complaints.
Influencer:
The influencer stated that, as they have always done, they would continue to use #ad in their stories to comply with advertising regulations.
Conclusion
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 complaints. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
The Council noted the Code requirements that marketing communications should be clear that they are marketing communications and the requirements of the joint guidance published by the Advertising Standards Authority and the Competition and Consumer Protection Commission (CCPC) on disclosing advertising content, which requires that advertising content should have one of three primary labels as a disclosure; #AD, a platform provided tool or #Gifted, depending on the content, and that this disclosure should be the first word in any text block. They also noted that in addition to the primary label #AD, there were several secondary advertisement labels that could be used in addition to and following the primary label, including #BrandAmbassador. The Council considered that by providing for specific disclosures, consumer recognition that content is advertising would be enhanced. In additional, they noted that the Joint Guidance provided that advertising disclosures should be at the start of a video and the first word in a text block.
In this case, the Council noted that the primary disclosure used did not have the # as required, nor was it the first word in any text block. The Council considered that it was likely that consumers would regard a brand handle as a text box. The Council also noted that the word ‘ba’ had appeared after ‘ad’, however it was not an approved secondary disclosure. Therefore, the content had not been identified correctly as advertising material. In the circumstances, and in the absence of a response from the advertisers, the Council concluded that the omission of the hashtag and the incorrect placement of the disclosure was in breach of Sections 3.31 and 3.32 of the Code.
Action Required:
The advertising should not reappear in its current form.
The Council reminded all parties to ensure commercial content was disclosed correctly.
