D N Enterprises - Colors Queen

Recommendation: Not Upheld | Medium: General Public

The ASCI had approached the advertiser (D N Enterprises) and the influencer (Koyal Bhattacharjee) 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, but the influencer submitted her response. The influencer claimed that the post reflected a personal review, but did not provide proof of self-purchase. Furthermore, the tagging of the brand in the post indicated a material connection . The post also lacked required disclosure labels or any disclosure of a relationship with the brand, making it misleading by omission and in contravention of the ASCI Code and Influencer Guidelines. Accordingly, the complaint was Upheld. Post receiving the Consumer Complaints Council (CCC) recommendation, the influencer submitted a copy of the purchase invoice reflecting her name and the details of the products purchased by her, as evidence of self-purchase. The CCC viewed the Instagram advertisement (https://www.instagram.com/reel/DVD7GC2k_rw/?igsh=MXAyOXZ6dTAwd3djag==) considered the complaint and the influencer’s response. The CCC noted that the influencer has no connection with the advertiser and has provided a copy of the purchase invoice as a proof that the product was independently purchased by her. The product, “Colors Queen Red Cushion Foundation”, shown in the Instagram post is identical to the product reflected in the purchase invoice. 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.