The Advertising Standards Authority (ASA) ruled that influencer Matthew Zorpas breached the CAP Code rules 2.1, 2.3 and 2.4 (recognition of marketing communications) for failing to properly identify an Instagram post as marketing material. 

The ASA and the Competition and Markets Authority (CMA) recommend that influencers make upfront disclosures on their paid posts, such as ‘#ad’ at all times. Click here to read the full report on why #ad is essential.

Matthew Zorpas had a contractual agreement with Brooks Brothers to post a minimum number of social media posts and stories, and was found to have failed to properly disclose this on an Instagram post. 

The ASA is committed to achieving transparency in this area, and warns that any influencers who breach regulations run the risk of investigation and enforcement action.

If you are engaging anyone to promote a product, service or article on social media, care must be taken in checking whether it will be classed as an ad by the ASA. If so, it will need to be clearly labelled as such. Given the energy that the ASA (and indeed the CMA) are currently putting into pursuing influencer advertising, the message is clear – if in doubt, safest to use #ad.

Click here to read the ASA adjudication.