• news-banner

    Expert Insights

ASA continues to focus on Influencer Marketing in 2020

In the first round of published adjudications for 2020 the ASA upholds complaints about Instagram Posts by Influencers Francesca Perks and Jack Remmington promoting Southern Comfort. 

Continuing its 2019 focus on Influencer Marketing in the first round of published adjudications for 2020 the ASA upholds complaints about Instagram Posts by Influencers Francesca Perks and Jack Remmington promoting Southern Comfort.

Francesca Perks’ Instagram post from 29 October 2019 included two images, the first of Perks holding a cocktail and the second of a cocktail on a table with a bottle of Southern Comfort in the background. The caption included ‘AD’ and referred to Perks’ love of cocktails.

Jack Remmington’s Instagram post from 29 October 2019 included two similar images including one featuring Remmington and a friend of his. The caption included ‘#ad’ and referred to Remmington’s cocktail creation incorporating Southern Comfort.

The consumer complaints in this instance were not about labelling (perhaps indicating that the ASA’s focus on educating brands and Influencers about the importance of labeling Is finally sinking in) but rather concerned whether the ads, which were promoting alcohol, breached the Code because they featured individuals who appeared to be, or were, under 25 years of age.

Southern Comfort responded stating that at the time of posting Perks was 22, on receipt of the ASA complaint notification they requested Perks immediately remove the post from her feed. In contrast, Remmington and the friend featured in his ad were both 25 years of age.

Despite this swift response and action by the Southern Comfort team the ASA upheld the complaints.

The CAP Code states that people shown in adverts drinking alcohol or those playing a significant role in an ad for alcohol must not be, or even seem to be, under 25 years of age. Perks and Remmington (together with his friend) were the focus of the ads and each therefore played a ‘significant role’ in the marketing of Southern Comfort.

Southern Comfort’s swift request to Perks to remove the post was appreciated by the ASA but they remained concerned that the advertiser had chosen to work with someone who was 22 in the first place. As a result the ad, despite its swift removal, was deemed to breach the CAP Code.

In relation to Remmington’s post the ASA was concerned that while Remmington and his friend were both 25 years old they appeared younger. Again, the ad was deemed to breach the CAP Code.

The key takeaways for advertisers in relation to these ads is two-fold:
  • Don’t forget that Influencer marketing will be treated much like any advertisement. The ASA is not just worried about labelling, it is concerned with compliance with the CAP Code more generally.
  • Brands advertising age-restricted products (alcohol, e-cigarettes, gambling etc) need to be careful to ensure that those featured in the ad are not only over the recommended age limit but also clearly appear that way. Brands should also carefully consider the age demographic of the individual’s followers and consider whether they are in fact the most appropriate people to advertise their products.

This article was written by Caroline Swain. For more information, please contact Caroline at caroline.swain@crsblaw.com or on +44 (0)20 7203 5158.

Our thinking

  • IBA Annual Conference 2025

    Simon Ridpath

    Events

  • Alumni Drinks Reception

    Events

  • London International Disputes Week: Trusts hurt: the fraud lawyer, the trust, and the avenues of attack (and defence)

    Tamasin Perkins

    Events

  • London International Disputes Week: Navigating International M&A Disputes: Insights and Strategies for 2025

    Stephen Burns

    Events

  • Women in Leadership: Prima Facie

    Events

  • Retail Showcase 2025

    Events

  • UK Immigration Reform – deeper restrictions on the horizon

    Paul McCarthy

    Quick Reads

  • The Court of Arbitration for Sport Appeals Procedure

    Benoît Pasquier

    Insights

  • Caroline Greenwell and Bella Henry write for Law 360 on the Santander fraud ruling and what it means for the UK banking sector

    Caroline Greenwell

    In the Press

  • Mastering Claims Against Estates: A Guide to Debt Enforcement in Switzerland

    Remo Wagner

    Quick Reads

  • Caroline Greenwell, Abigail Rushton and Bella Henry write for Solicitors Journal on the latest Business Plan from the Serious Fraud Office

    Caroline Greenwell

    In the Press

  • The Times quotes Hamish Perry on identity fraud on Companies House

    Hamish Perry

    In the Press

  • Non-Muslim Divorce in the UAE: Understanding UAE Divorce Law

    Miranda Fisher

    Insights

  • The new UK-India Free Trade Agreement – a significant development for both nations

    Kim Lalli

    Quick Reads

  • Spear's quotes Miranda Fisher on the Standish v Standish Supreme Court hearing

    Miranda Fisher

    In the Press

  • Harriet Betteridge, Lauren Clarke, Gregoire Uldry and Alexia Egger Castillo write for the Law Society Gazette on assisted dying

    Harriet Betteridge

    In the Press

  • Tamasin Perkins and Lydia Kember write for Charity Finance on the collapse of Kids Company

    Tamasin Perkins

    In the Press

  • So the UK tax rules have changed: what does this mean for US people?

    Sangna Chauhan

    Insights

  • The Daily Telegraph quotes Kelvin Tanner on wealthy Americans relocating to the UK

    Kelvin Tanner

    In the Press

  • Foundations Across Borders: A Global Perspective

    Grégoire Uldry

    Insights

Back to top