Description:
A post from an influencer on his social media page demonstrated the steps to recreate a viral smoked meat sandwich using a specific brand of Havarti cheese from Castello Cheese.
Complaint:
The complainant alleged that the post was misleading, because, while #ad was included in the post, it was buried in a list of hashtags and was not in the language of the post (in French), making the promotional nature of the post unclear.
Response:
In its response to Council, the influencer confirmed that the post was sponsored and acknowledged that the post did not comply with the applicable Guidelines.
Decision:
Council appreciated the influencer’s response, and considered the complaint together with the influencer’s submission. Council noted that the brand did not respond and that the post was not amended prior to Council adjudication.
In its review, Council found that the representation left viewers unsure about the nature of the post. Although an #ad was included, it was placed among other hashtags and in a manner that did not catch the viewers attention and not visible on all devices. Additionally, the use of a disclosure in English in an otherwise post entirely in French, did not make the commercial nature of the post broadly understood.
The majority of Council determined the advertisement omitted relevant information – by failing to include prominent disclosure in French – in contravention of Clause 1(b) of the Code. Because the French ad contained pertinent details in English and those details were hidden in a string of hashtags, the ad was unclear and could not be understood, resulting in Council unanimously determining that there was a contravention of Clause 1 (c) of the Code.
Although it was not the view of the majority, two Council members raised a concern and found that the advertisement also contravened Clause 2 (Disguised Advertising Techniques), which provides that no advertisement shall be presented in a format or style that conceals the fact that it is an advertisement. The other members of Council felt that showing the package of the product within the post made the fact that it was advertisement sufficiently obvious to not amount to a disguised advertising technique.
In addition, a minority of Council was of the view that the post contravened Clause 7 of the Code. Others did not find that Clause 7 was violated because the influencer did not provide a specific recommendation about the cheese product that he used.
Infraction:
Clause 1(b) and 1(c)
