Description:
The influencer posted a video on their social media platform promoting a clothing line by showcasing various clothing items they were wearing. Music played throughout the video without any other audio.
In the caption accompanying the video, the influencer tagged the brand using the hashtag “#Brand” [referencing the specific name of the brand]. The video contained no disclosure at all.
Complaint:
The complainant alleged the advertisement was misleading because it did not include any required disclosure in the caption or the video notifying the public that it was an ad and that the influencer had a material connection with the brand.
Response:
In its response to Council, the brand advised that the omission of information confirming the post was an ad together with the nature of the material connection between the parties was a mistake, and that the post had been removed as a result.
Decision:
Council appreciated the advertiser’s response, and considered the complaint together with the advertiser’s submission.
Given there was no disclosure in the caption or the video (other than referencing the brand in the caption) advising that a material connection existed between the influencer and the brand, Council unanimously found that the advertisement contravened Clause 1(b) and Clause 2 of the Code as it omitted information that was relevant to consumers to allow them to make a fully informed choice about the products being advertised. Consumers may assess the influencer’s post about the products differently if they know there is a material connection between the parties.
Lack of this relevant information also brings the authenticity of the influencer’s testimonial into question, as it creates doubt in the minds of viewers as to whether or not the influencer’s opinion is genuine and based upon their personal experience with the identified products. In accordance with Interpretation Guideline #5 (Testimonials, Endorsements, Reviews) to the Code, when a material connection exists between the influencer and the brand, the nature of said connection must be clearly and prominently disclosed in close proximity to the representation about the product. The influencer failed to do so in this instance, which Council unanimously held contravened Clause 7 of the Code.
Infraction:
Clause 1(b), Clause 2, Clause 7
