A social media influencer who featured ad disclosures in white fonts on white backgrounds and “obscured” ad labels behind her profile picture has been found to be in breach of advertising rules.
Influencer and podcast host Julie Haynes, who has 219,000 followers, posted advertisements for various companies on her Instagram profile, Twins and Me, which were found to be misleading by the Advertising Standards Authority (ASA).
Overall, nine advertisements, including those from Eir and DAA, were found to be in breach of advertising rules, according to the ASA’s latest complaints bulletin.
Five advertisements promoting jewellery and beauty products posted on social media by Ms Haynes resulted in seven complaints, all of which were upheld in full.
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In one advertisement, for beauty company Image ADS, Ms Haynes disclosed the content as being an ad but did so in “small white text on a white background”, with the complainant saying it was “barely visible”.
A subsequent photo featured a “pink”, on-screen label stating, “30% off”.
The complainant also maintained that Ms Haynes used a “filter” in an image demonstrating the results of using the advertiser’s dermaplaning product, arguing this was “misleading”.
Separately, Ms Haynes posted content of her and her daughter attaching charms to Crocs footwear along with an affiliate link, a type of performance-based marketing where influencers are rewarded by a business for each new customer they attract.
Ms Haynes labelled the content “AF”, presumably to denote that it was an affiliate link, the ASA said, though this should have read: “#ad”.
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It added that the font colour, size and placement of the disclosure, behind her profile picture, “minimised its visibility or fully obscured it”.
Responding to one of the complaints, Ms Haynes’ agent said they had reminded her of the advertising guidelines “and the importance of adhering to them”.
Meanwhile, five complaints were received in relation to a radio advertisement from DAA, which mentioned “halving airport emissions by 2030”.
Complainants, including Sinn Féin MEP Lynn Boylan, argued the claim gave the impression that all emissions related to the airport, including flight emissions, would be halved.
They argued the reference to halving airport emissions referred exclusively to emissions relating to the airport only. The ASA agreed and considered the ad to be misleading.
Separately, a sponsored post on Facebook by telecoms company Eir, which advertised a free laptop worth €329 with the purchase of a smartphone for €99, was found to be misleading. The advertisement failed to note that consumers had to enter into a contract to avail of the offer.
Eir denied the advertisement was misleading, as a consumer could click through to the “clear and correct details of the offer”. It argued this was “common practice in the industry”.
Orla Twomey, chief executive of the ASA, said its latest complaints bulletin was “particularly noteworthy” as all cases were found to be in breach on grounds related to misleading advertising.
“This highlights the importance of advertisers using only substantiated claims and influencers clearly disclosing commercial content,” she said.
