Myntra Designs Private Limited - Myntra (Black Friday Sale)

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

The ASCI had approached the brand owner - advertiser (Myntra Designs Private Limited) and the influencer (Harsh Kem) 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 the influencer submitted his response. The influencer stated that he would ensure compliance in his future promotional posts. The Consumer Complaints Council (CCC) viewed the Instagram advertisement (https://www.instagram.com/reel/DReyj2DElrz/?utm_source=ig_web_copy_link), considered the complaint, and the influencer’s response. The CCC noted that there was no response from the advertiser. The CCC further noted that, for the current Instagram post under complaint, there was no disclosure indicating the promotional nature of the content. The advertiser has not disclosed details of any material connection, whether monetary or non-monetary, between the brand owner and the influencer, nor has it indicated whether the influencer was compensated for posting content relating to the advertiser’s product. Further, the influencer has failed to include any appropriate 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 such disclosure, the advertisement is misleading by omission and exploits consumers’ lack of knowledge. Based on these observations, the CCC concluded that 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.