Who: The Advertising Standards Authority (ASA); Accor UK Ltd (Accor) t/a The Savoy; and Lydia Elise Millen
Where: United Kingdom
When: 13 November 2023
Law stated as at: 11 October 2023
What happened:
The ASA has ruled on a social media post by influencer, Lydia Elise Millen, which featured her in a dressing gown in a hotel room at The Savoy in London. In the post, seen on 24 November 2022, she sought followers’ opinions on her outfit choices for a night at The Savoy’s theatre.
Three complainants challenged whether the post was clearly identifiable as a marketing communication for The Savoy.
Accor, indicated that it had an ongoing commercial relationship with Ms Millen since early 2022 through a “Fairmont ambassadorship”. The influencer’s stay at The Savoy was part of that ongoing agreement. Under the terms of the ambassadorship, content mentioning Fairmont or associated hotels like The Savoy was deemed to be an advertisement and had to be labelled as a paid-for ad or partnership when it appeared on a specific social media platform. As the post in question was featured on a different social media platform, Ms Millen’s representative asserted that the post fell outside of the scope of that agreement, as it was not approved or paid for by Fairmont, and was, therefore, not an ad for Fairmont or The Savoy.
The ASA upheld the complaint on the basis that the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) mandates marketing communications to be obviously identifiable. Although the post was not explicitly part of the agreement between The Savoy and Ms Millen, its similarity to previous ads and close associations with the ongoing commercial arrangement, rendered it a marketing communication for the purposes of the CAP Code.
The ASA further found that the post lacked clear identification as a marketing communication, breaching recognition rules of the CAP Code. The ruling directed The Savoy and Lydia Elise Millen to ensure future ads are unmistakably identified as marketing communications, including upfront indications such as “#ad”.
The ad breached rules 2.1, 2.3 and 2.4 of the CAP Code. The ruling underscores the importance of transparent and easily recognisable advertising in influencer marketing, particular across different social media platforms.
Why this matters: This ruling emphasises the importance of transparent advertising, signalling potential consequences for businesses engaging influencers. Clear and prominent identifiers, like “#ad”, are crucial to ensure compliance and maintain consumer trust in influencer marketing.
