Description:
An Instagram post from an influencer explained the reasons why he switched from a specific brand of GPS sports watch to the Coros GPS Sports watch. The influencer listed the key features he considered superior to those of the competing product and why it made a difference for his training. The brand was tagged in the static post using the @ symbol. The social media platform’s paid partnership tool was not used and there was no other disclosure of a material connection to the Coros brand.
Complaint:
The complainant alleged that the post was misleading because the material connection between the influencer and the brand was not disclosed, implying the post was organic.
Response:
In its response to Council, the advertiser confirmed that the influencer is part of a standards content creator partnership and acknowledged that the post in question did not comply with the applicable Guidelines.
Decision:
Council appreciated the brand’s cooperation and considered the complaint, the posts, and the brand’s response. Council noted that the influencer did not respond and that the post was not amended prior to Council adjudication.
Given the post omitted the required disclosure notifying viewers that there was a material connection between the brand and the influencer, Council unanimously held that the advertisement omitted relevant information, resulting in a deceptive advertisement which violated Clause 1(b) of the Code.
Additionally, the lack of disclosure of the material connection concealed the fact that the post was an advertisement and undermined the authenticity of the influencer’s testimonial and representation, contravening both Clauses 2 and 7 of the Code.
Infraction:
Clause 1(b), Clause 2 and Clause 7
