Description:
The social media post featured an influencer unboxing a product and related accessories. The post thanked and tagged the brand but did not contain any additional disclosure of a material connection between the influencer and the brand.
Complaint:
The complainant alleged that the post did not include any disclosure indicating it was a paid advertisement or that the products were gifted, which created a misleading impression that the influencer’s post was organic.
Response:
In their responses to Council, the influencer and brand explained that the product was offered as a long-term loan, not a gift, with no obligation to post about it. The influencer also confirmed that the post had been removed from their profile.
Decision:
Council appreciated the influencer and the brand’s responses. Council discussed whether the post constituted a testimonial, noting that the video merely depicted the influencer opening the product. Council ultimately determined that posting about a product received from the brand while saying “thank you” for the “upgrade” qualified as an endorsement of the product. Given that the material connection between the influencer and the brand was not clearly disclosed in the post, Council unanimously concluded that there was a violation of Clauses 1(b) and 7 of the Code.
Infraction:
Clause 1(b) and Clause 7
