Lydia Millen Is Still Violating CMA Social Media Endorsements Regulations for Influencers in 2019
Whenever Lydiot posts to her stories and it includes a "
Swipe Up" affiliate link she is supposed to declare it. As of September 16, 2019 - she
still thinks she's above the law. You'd think after
her ASA violation in May 2018 she'd get herself together. But that's okay, we'll help you Lydia.
This took me less than 5 minutes to record, but the joy of hitting send to the CMA - priceless.
FACTS: Smarter than Lydia and committed to the cause.
How to report Lydia Millen to the CMA – For not disclosing benefits/freebies (i.e. gifts)
CMA violations fall under receiving gifts: benefits, freebies, free products, free visits (i.e. press trips). And are usually tagged with the brand #hashtag and the brand account @dior. This
one-sheeter diagram will help you decide if you need to report to the CMA or ASA. If it requires final brand approval it's an ad (like the examples I included
here). If it's a press trip it's a "free visit" and/or "free products" (including affiliate links) so it's under CMA authority.
Here's an example, per my recent email. Your language will change a bit depending on what you're reporting.
To: [email protected]
Email Subject Line: CMA Social Media Endorsements Violation – LEM ONLINE LTD Company #
10147738
1. My Contact Information:
Concerned Consumer (Name, Phone, and Email)
2. The business I have concerns about:
LEM ONLINE LTD
Company number 10147738
Officer: MILLEN-GORDON, Lydia Elise, Blogger
2. Description of Issue:
Sponsored Content in this post published on Instagram on September 16, 2019, is not clearly identifiable as being paid for by using the label "advertisement feature" or "advertisement promotion" per the CMA/ASA Influencer Guide published in September 2018. I believe the nature of this content is subject to CMA regulation, not the ASA.
This social media post
does not make it clear that she has been paid or otherwise incentivized to endorse a product or service. Given the CMA says it prioritizes disclosure in social media and dealing fairly and transparently with consumers/followers is an important one, I'd like to bring this ongoing issue with her account to your attention.
The issue is either benefits, freebies, free products, or free visits. Specify which one.
3. Supporting Evidence: See the attached screen recording which features the Instagram Post in violation along with the Reward Style and Commission Junction affiliate link.
Include a screenshot of the IG feed with the post clearly shown in the timeline, a screenshot of the actual post, a URL link to the post, and if it's an IG story, include a Quicktime screen recording. Zip these files up in a .zip file and attach it to your email or include a link to your files in Dropbox.
4. Market Area:
Nature of business (SIC)
82990 - Other business support service activities not elsewhere classified
This will vary and is found on https://beta.companieshouse.gov.uk by searching the company that the influencer operates under. The SIC code will be listed on the company's page.
5. I have not contacted any other organizations regarding this violation.
See further detail below.
Code:
Link: https://rstyle.me/cz-n/dr2nk5vj2e
Link Redirect: [URL unfurl="true"]https://www.luisaviaroma.com/en-gb/p/bottega-veneta/women/clutches/70I-D5T003?ColorId=NDgyMQ2&SubLine=bags&CategoryId=72&lvrid=_p_d224_gw_c72&AID=13263941&PID=4441350&SID=.NzkwNzItNzc5.2071d32b-d891-11e9-b106-dd604d4a4174&utm_[/URL]source=CommissionJunction&utm_medium=affiliation&utm_content=4441350&utm_campaign=2975314&CJEVENT=210b6ad9d89111e980c706ee0a240610
––––––––––––––––––––––––––
If you want to learn more about how seriously the CMA takes non-disclosed social media endorsements,
read here.
How to report Lydia Millen to the ASA for not declaring #ads
If it's an advertisement, and not labeled as #Ad at the top of the post,
use the ASA online form here. #Ad cannot be hidden in other hashtags either. The ASA is specific on expectations. I've included real examples on Victoria's thread of what to look for
here.