Apple India Private Limited - Reliance digital - iPhone 16 pro max

Recommendation: Upheld | Medium: Suo Motu - NAMS (Reech)

The ASCI had approached the advertiser (Apple India Private Limited), electronic shopping store (Reliance Digital), and the influencer (Mukesh Gupta) for their respective responses in addressing the objections raised in the complaint. The advertiser (Apple India) provided a signed copy of the declaration that there exists no collaboration between the advertiser and the influencer. However the influencer and the electronic store (Reliance Digital) did not respond to the complaint. In the absence of an appropriate disclosure label in the advertisement, the complaint was Upheld by the Consumer Complaints Council (CCC). Post receiving the CCC recommendation, the electronic store (Reliance Retail Ltd) responded that they have not endorsed or authorised the influencer to promote their product / services through the Instagram post. The complaint was placed before the CCC for Re-Examination of the CCC recommendation. The CCC viewed the Instagram advertisement (https://www.instagram.com/p/DAIbZI-O1Oh/) considered the complaint and the response from Reliance Digital. The CCC observed that in the advertisement, the influencer has tagged the electronic store - `Reliance Digital’ from where the iPhone was bought by him. The CCC further took note of Reliance’s response that `there exists no commercial relationship, contractual or otherwise between them and the influencer’. The CCC discussed that the Instagram post is a personal content created by the influencer and is not carried out on behalf of Reliance Digital. As proof, Reliance Digital has provided a declaration of having no material connection, directly or indirectly with the influencer. Based on this evidence, the CCC concluded that the Instagram advertisement is not in contravention of ASCI Guidelines for Influencer Advertising in Digital Media. This complaint is Not Upheld on Re-Examination.