"Last July, Sugg posted an Instagram Story from her official account which featured an image of her wearing a floral maxi dress. The accompanying text stated: "Lots of you loving the dress I'm wearing in my newest photos... it's from [Miss Selfidge]. Swipe up to shop... ([I've also popped it on my @liketoknowit profile if you'd rather shop straight from the app)." Additional text at the bottom right-hand side of the image, obscured by Instagram's direct message icon stated: "*affiliate"."
"One member of the public complained the post didn't meet current advertising guidelines because it wasn't "obviously identifiable as a marketing communication". The regulator agreed and banned the ad, saying that neither Sugg nor Asos has made clear their commercial intent in publishing the photo. In its defence, Asos highlighted how Sugg was a member of its affiliate community, meaning she can earn a commission from Asos sales through a third-party influencer network."
"The brand said it made it clear to all of its influencers that disclosure labels needed to be "clear and prominent" and believed "*affliate" was appropriate in this context as a signpost. It also underscored how it didn't have any advance knowledge of, or direct input or control over, the Instagram story in question. It did, however, accept that the disclosure in the story was "not sufficiently prominent" because it was obscured by the platform's on-screen graphic"
Zoe Sugg posted an Instagram Story showing a floral maxi dress with a 'Swipe up' prompt; the caption named Miss Selfridge and referenced her @liketoknowit profile. Small text at the image's bottom-right, partially obscured by Instagram's direct-message icon, read '*affiliate'. A member of the public complained the Story was not obviously identifiable as a marketing communication. The Advertising Standards Authority agreed and banned the ad, finding that neither Sugg nor Asos made their commercial intent clear. Asos said Sugg could earn commissions through its affiliate program, said it required clear disclosures, and accepted the disclosure was not sufficiently prominent because it was obscured.
Read at The Drum
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