ASA rules against use of filters to promote beauty products
How careful should advertisers and influencers be when using in-app filters for beauty products? And is “#myownbrand” helpful from an advertising disclosure perspective for an influencer’s own products?
The question
How careful should advertisers and influencers be when using in-app filters for beauty products? And is “#myownbrand” helpful from an advertising disclosure perspective for an influencer’s own products?
The key takeaway
While the ASA does not particularly see an issue with using filters in general, they should not be used in conjunction with the promotion of cosmetic or beauty products as this may mislead over the effect of such products. Separately – and hopefully this goes without saying – anything other than #ad won’t wash with the ASA as an advertising disclosure.
The background
Influencer Charlotte Dawson was found to be in breach of the UK Code of Advertising and Direct & Promotional Advertising (the CAP Code). The complaints stemmed from several Instagram stories she posted about fake tanning products. The products were from Ms Dawson’s own “Dawsylicious Tanning” range. Despite inserting “#myownbrand” to each Instagram story, complaints were submitted that it was unclear that her posts were in fact ads, especially to Instagram users who are not familiar with her branding and products. A second group of complainants believed that the Instagram filters used (in relation to the same stories) were misleading as they embellished the efficacy of the products being promoted.
The ASA adjudication
The ASA held that the posts were not obviously identifiable as marketing communications, despite all the ads including the handle “@dawsylicioustanning”, her Instagram username “charlottedawsy”, and the URL “dawsylicioustanning.co.uk”. These references were not sufficiently clear to make the posts obviously identifiable as ads. There was nothing in their content, such as “#ad” placed upfront to indicate to users that the posts were marketing communications. The ASA also commented that the #myownbrand text was not in any event sufficiently clear and prominent, given its placement, colour and font size.
As for Instagram’s in-app beauty filters, the ASA considered that the use of filters in ads was not inherently problematic, but that advertisers of cosmetic products need to take particular care not to exaggerate or otherwise mislead consumers regarding the product advertised. As Ms Dawson’s ads conveyed a tanning and smoothing effect of the product, the ASA considered that the application of the filters to the images was directly relevant to the claimed performance of the product and gave a misleading impression about the performance capabilities of the product.
The ASA therefore upheld both complaints.
Why is this important?
There is nothing new in the ASA’s call for clear and prominent use of ad disclosures by social media influencers when they are posting marketing communications. The ASA’s approach to the use of filters in ads is helpful though, in that they have confirmed that filters can be used in ads provided they are not relevant to the performance of the product or service in question.
Any practical tips?
Don’t use filters in ads for beauty products if they are in any way relevant to the claims about their performance. And always, always use #ad in influencer marketing posts!
Summer 2023