Description:
Two social media posts presented the influencers partaking in outdoor activities. The post included the brand’s name, but no reference to a material connection was disclosed.
Complaint:
The complainant alleged that the posts did not include any disclosure indicating it was a paid advertisement.
Response:
In its response to Council, the brand confirmed that the influencers’ social media posts were amended and that the brand’s name had been removed entirely.
Decision:
Council appreciated the brand’s cooperation and considered the complaint, the posts, and the brand’s response. Council members were of the opinion that the lack of disclosure of a material connection between the brand and the influencer gave the impression that the posts were organic content rather than a paid partnership. Given this omission, Council determined that the ad was misleading and contravened Clause 1(b) of the Code. Additionally, the lack of disclosure of a material connection concealed the fact that the posts were advertisements and undermined the authenticity of the influencers’ testimonials and representation, contravening both Clauses 2 and 7 of the Code.
Infraction:
Clause 1(b); Clause 2; Clause 7
