The encyclopedia · Advertising & PR · Marketing decision · 2022
Kyszer's 'Ad' label sat hidden under Chloe Ferry's profile picture
Chloe Ferry's airwrap story carried an 'Ad' label — hidden under her profile picture. The ASA banned it and sent Kyszer to compliance.
Kyszer · 2022-09
What happened
On 6 June 2022 an Instagram story on influencer Chloe Ferry's account @chlogshore1 featured her using a hairstyler alongside the text 'Kyszer airwrap', 'Huge 70% offer for their UK launch. £49.99 instead of £164.99 for 24 hours only' and a link to the kyszer.com website. Additional text in the top-left corner of the post, which stated 'Ad', was obscured underneath the influencer's profile picture.
Next Wave Ventures Ltd t/a Kyszer did not respond to the ASA's enquiries. Chloe Ferry's representative said the frame was a pre-edited one supplied directly by Kyszer, that there had been no indication the 'Ad' text would be obstructed when it was placed for upload, and that they would liaise with the brand to ensure the positioning was not obscured in the future.
On 21 September 2022 the ASA upheld the complaint. Kyszer's failure to respond was a breach of CAP rule 1.7 (unreasonable delay). Ms Ferry had a commercial relationship with Kyszer in which she was paid to promote its products, so the post fell within the CAP Code's remit and both were jointly responsible for compliance. The 'Ad' text, obscured under the profile picture, was difficult to see and likely to be overlooked, so the post was not obviously identifiable as a marketing communication. The post breached CAP rules 1.7, 2.1 and 2.3, and the case was referred to the CAP Compliance team.
Why it happened
- The 'Ad' label sat under Chloe Ferry's profile picture — a label nobody can read is a label that is not there.
- Kyszer never answered the ASA — silence earned it rule 1.7 and a one-way ticket to the compliance team.
- The frame came pre-edited from the brand — yet the influencer posting it carried the joint responsibility.
- A 70% launch discount was the bait — the small print it hid was the word that made the post legal.
The lesson
A disclosure must survive placement: Kyszer's 'Ad' label sat under Chloe Ferry's profile picture on her paid airwrap story — the ASA ruled the label was effectively invisible and banned the ad.
Aftermath
The ASA referred the case to the CAP Compliance team and told Kyszer and Chloe Ferry to ensure future posts were obviously identifiable as marketing communications, with identifiers such as '#ad' in a clear and prominent position and not obscured by other features.
Sources
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