Advertisment
The advertising was a Tik Tok video. The video featured text across the screen that said ‘Carpet Reveal’. The accompanying text read:-
‘Home improvement update 🏡 We finally have our carpets! These were done by the very talented @GM FLOORING BALLYMOUNT (Gifted) 🫶 We wanted a runner with rods that felt really premium & that is exactly what they delivered. They also do wooden floors so if you have any floor needs at all, definitely get on to the guys ✨
#carpets #runnercarpet #homeimprovement #interiordesign #dublintiktok’
The video featured the carpet in situ.
Complaint
The complainant believed the video to be advertising without the proper disclosures such as ‘#AD’.
Response
The influencer said that the advertisers had visited their home to measure for carpets and provide a quote. During that visit, the influencer said that the advertisers had suggested a collaboration involving a gift of the carpets in exchange for a video once the work was completed. Following completion of the installation, the influencer posted a video showing the finished result. They had understood the correct terminology was ‘gifted’ as they had not been paid for the content. The influencer apologised and said they will use the correct disclosure going forward.
The advertisers did not provide a response.
Conclusion
Issue 1 Upheld:
The Complaints Council considered the detail of the complaint and the advertisers’ response.
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.
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 or independent reviews (3.32).
The Council 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. 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.
The Council noted that the content was a commercial partnership and therefore should have included the primary disclosure ‘#AD’ at the beginning of the content. In the absence of the correct primary disclosure, and in the absence of a response from the advertisers, the Council found the advertisement in breach of Sections 3.10; 3.31; 3.32; 4.1; and 4.4 of the Code.
Action Required:
The advertising should not reappear in the same format.
The Council reminded all parties of the requirements of the Guidance in disclosing commercial content.
