A social media advert featuring Adidas trainers has been banned by the Advertising Standards Authority (ASA) due to a lack of transparency over affiliate marketing.
The Adidas advert appeared on influencer Tanya Burr’s account @tanyaburr on 8 April 2024, and featured the influencer wearing a trench coat and Adidas trainers.
It appeared alongside a post which stated: “I lived in this trench last autumn and am very happy to be back in it for spring”. Beneath, text read “Outfit links” and directed users to Mrs Burrs digital shop range.
Because there were no immediately obvious identifiable markers such as #ad, the ASA ruled that the story was obviously identifiable as a marketing communication.
In its defence Adidas said it had not contacted Ms Burr and had not previously worked on any campaigns with her. They said they always required their creators to disclose paid content when they were included in their paid campaigns.
Adidas added that Ms Burr had used a link on Adidas products that had originated from their affiliate link Awin. They said they always require creators to disclose paid content when they were included in their paid campaigns.
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Braveheart International which makes the trench coat Ms Burr wore said it sets out specific guidelines to ensure the word “AD” was clearly visible. The firm said it did not have a partnership with Ms Burr and confirmed that it would gift her the coat in October 2023 at her own request.
The ASA said the ad must not appear in its current form because it was only apparent that it was a paid link once people clicked through.
Moreover, although the coat was gifted and despite the absence of a contractual agreement, the affiliate link meant that the ASA considered it a marketing communication on which Ms Burr would receive commission.
Ms Burr told the regulator that she would take steps to amend her posts in line with the ASA’s regulations.
Speaking to Marketing Beat an ASA spokesperson said: “Websites like LTK may be a popular way for influencers to share their outfits with their followers, but they should still make sure they’re following the advertising rules.”
“There may not always be a formal contract between influencers and brands when using affiliate links, but this doesn’t mean this isn’t advertising. Influencers still need to be transparent if they have a commercial interest in the products they’re promoting.”
The moves come after recent moves from the ASA to clampdown on misleading social media adverts, with Steven Bartlett among those recently under fire.
