Edyssa - Edysaa

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

The ASCI had approached the advertiser (Edyssa) and the influencer (Komal Verma) for their respective responses in addressing the objections raised in the complaint. The advertiser and the influencer were also offered an opportunity for a telecon with the ASCI Secretariat, which they did not avail and neither did they submit their written response. The Consumer Complaints Council (CCC) viewed the Instagram advertisement (https://www.instagram.com/p/DAbVV_EKtHe/) and considered the complaint. The CCC observed that the advertisement shows an influencer promoting a women's clothing brand. The advertisement does not carry a disclosure label that clearly identifies it as an advertisement. The CCC discussed that the influencer and the advertiser has not disclosed details regarding any material connection, monetary or non-monetary between them, nor does it indicate whether or not the influencer was paid to post the details of the advertiser’s product. The influencer has not mentioned any disclosure labels such as "Advertisement", "Ad", "Sponsored", "Collaboration", “Partnership”, "Employee", "Free Gift", “Paid Partnership”, “Affiliate”, at the start of the advertisement. In the absence of an appropriate disclosure label, the CCC concluded that the advertisement is misleading by omission and exploits consumers' lack of knowledge. The advertisement contravened Chapter I, Clauses 1.4 and 1.5 of the ASCI Code, and Clause 1, 1.1(a), and 1.3(a) of ASCI Guidelines for Influencer Advertising in Digital Media. This complaint was UPHELD. The CCC was informed that the ASCI had previously contacted this influencer on multiple occasions advising that the post/story/video should contain disclosure of material connection. The CCC also noted that the influencer continued to avoid adding disclosures and did so only on receipt of a complaint from ASCI. It has been observed that the influencer is a repeat offender and frequently violates ASCI Influencer Guidelines.