PID India Private Limited - Alan Truman Blow Dryer Brush

Recommendation: Upheld | Medium: Suo Moto

Ad Description:

The advertisement is an Instagram post by influencer @sakinamotiwalaofficial promoting the Alan Truman Blow-dry Brush. The post highlights the product’s styling benefits, including silky, smooth, and frizz-free hair, and uses promotional captions and hashtags related to hair care and blow-drying.

Issue

Whether the Instagram post by @sakinamotiwalaofficial promoting the Alan Truman Blow-dry Brush is in violation of Chapter I of the ASCI Code and ASCI Guidelines for Influencer Advertising in Digital Media.

Advertiser’s Response

The influencer stated that the post is not an ad or sponsored post, clarifying that she bought the Alan Truman blow-dry brush herself and created the video independently without payment or brand involvement. She also stated that it was an old purchase and the invoice was not available, while mentioning that she added a #ad tag and did not intend to remove the tag.

The advertiser stated that there is no commercial or non-commercial arrangement, material connection, or engagement with the influencer, and that the content was independently created without any involvement, influence, control, or compensation. It further stated that it had made multiple attempts to request correction of the disclosure placement or removal of the post, and submitted a signed declaration confirming the absence of any material connection.

Consumer Complaints Council (CCC) Assessment

Influencer Sakina Motiwala promoted the Alan Truman Blow Dryer Brush on Instagram without any disclosure label, claiming it was a personal review and that no payment was received, though she could not provide proof of purchase. 

The CCC observed that the influencer had tagged the brand, indicating a material connection, and noted the absence of required disclosure labels such as "Ad" or "Sponsored" at the start of the post. Although the influencer later amended the post to include "#ad", it was not placed at the beginning as required by ASCI guidelines and hence the complaint was Upheld. 

Upon receiving the CCC’s recommendation, the advertiser requested for a re-examination of the recommendation.

The CCC noted that the advertiser has provided a signed declaration stating that they do not have any connection 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. 

Decision

Not Upheld on Re-Examination.