Ad description
An Instagram story posted on Ferry Homely Ltd's account @chloe_manor_ , seen on 22 May, featured the text, “Sunday Saver!!!! Body Burner of your choice. Pick Between 3x Sizzlers, 3x Wax Melts or 3x Lip Wax Melts! Only £14.99”, and a link to the brand’s website, ferryhomely.co.uk. Additional text on the top-right corner of the post, obscured by the close page icon, stated “#AD”.
Issue
The complainant challenged whether the post was obviously recognisable as a marketing communication.
Response
Ferry Homely Ltd said that the text “#AD” had been obscured due to a mistake on their part when the post was uploaded. They said they would ensure all future advertising and marketing was clearly stated and visible.
Chloe Ferry’s representative said that Ms Ferry did not administer the @chloe_manor_ account. However, they explained that the post was a pre-edited frame that had been supplied directly by the brand. When it was sent over, it had been checked to ensure the ad was labelled correctly. The “#AD” label was clearly identifiable in size and colour in the corner of the post. When the frame was placed to upload it, there had been no indication that the label would be obstructed in any way. However, they said they would liaise with the brand to ensure the “#AD” label was positioned differently in future.
Assessment
Upheld
The ASA first assessed whether the post was a marketing communication that fell within the remit of the CAP Code. We understood that Chloe Ferry was the director of Ferry Homely and therefore had a commercial relationship with the brand. We therefore considered that Chloe Ferry and the Ferry Homely brand were synonymous, and that posts made by Chloe Ferry (or on her behalf) in her capacity as an employee of the brand constituted marketing communications in non-paid-for space, under the control of Ferry Homely. The post featured a link to the Ferry Homely website, where the products shown in the ad could be purchased. Because the content of the post promoted products that could be purchased through the brand’s online shop, it was directly connected to the supply of goods and because it was also under the brand’s control, it was therefore a marketing communication that fell within the ASA’s remit.
We next considered whether the post was obviously identifiable as a marketing communication and whether it made its commercial intent clear. We noted that the text “#AD” was in the top-right corner of the post, but was obscured underneath the Instagram ‘close’ button and was therefore difficult to see and was likely to be overlooked by Instagram users who saw the post. We therefore considered that the “#AD” text was not sufficiently clear or prominent to make the ad obviously identifiable as a marketing communication. We also considered that although some of Chloe Ferry’s followers might have known about her commercial relationship with Ferry Homely, from the post itself it was not immediately clear to all Instagram users that she had a commercial interest in the company. Because the ad label was not in a clear and prominent position within the post, we considered the ad was not obviously identifiable as a marketing communication, and therefore breached the Code.
The ad breached CAP Code (Edition 12) rules 2.1 2.1 Marketing communications must be obviously identifiable as such. and 2.3 2.3 Marketing communications must not falsely claim or imply that the marketer is acting as a consumer or for purposes outside its trade, business, craft or profession; marketing communications must make clear their commercial intent, if that is not obvious from the context. (Recognition of marketing communications).
Action
The ad must not appear again in the form complained about. We told Ferry Homely Ltd and Chloe Ferry to ensure that their future posts were obviously identifiable as marketing communications, for example by ensuring that identifiers, such as “#ad”, were in a clear and prominent position and not obscured by other features.
