Nykaa E-Retail Limited - Kay Beauty Hydra Creme Lipstick

Recommendation: Not Upheld | Medium: Suo Moto

Ad Description

The advertisement is an Instagram post by itsallabout.sayedanwar promoting Kay Beauty by Katrina Hydra Crème Lipstick in the shade “Proud.” The post features a lipstick swatch with the text “Would you kiss me?” and directs viewers to comment for links. It includes makeup-related hashtags and promotes the product through influencer-style content.

Issue

Whether the advertisement promoting Kay Beauty Hydra Creme Lipstick by influencer Sayed Anwar is in violation of the ASCI Code and ASCI’s Guidelines for Influencer Advertising in Digital Media.

Advertiser’s Response

The influencer clarified that the Instagram post was organic in nature and not a paid promotion, sponsored collaboration, or affiliate endorsement. He stated that the “#affiliate” tag was added unintentionally, subsequently removed the incorrect disclosure, and provided purchase screenshots of the product as supporting evidence. 

The advertiser stated that they had neither engaged nor collaborated with the influencer. The post was entirely organic in nature and there was no commercial arrangement, sponsorship, or affiliation with the influencer. The advertiser submitted a signed declaration confirming that no association existed with the influencer in relation to the post.

Consumer Complaints Council (CCC) Assessment

The CCC observed that the advertisement shows an influencer promoting the advertiser’s product –  `Kay Beauty Hydra Creme Lipstick’.

The CCC noted that the advertiser has no connection with the influencer and does not endorse the comments made in the Instagram post. The advertiser submitted a declaration confirming the absence of any material relationship with the influencer. 

The CCC further noted that the product was personally purchased by the influencer  and there is no material connection with the brand. The influencer also provided  copy of the purchase screenshots as proof that the product was purchased independently.

Based on these observations, the CCC concluded that the advertisement is not in contravention of ASCI Guidelines for Influencer Advertising in Digital Media.  

Decision

Not Upheld