There was a licensing agreement between Air & Grace and Zoe de Pass, under which de Pass was paid royalties as part of a shoe collaboration. A post on de Pass’s @dresslikeamum Instagram page featured two multi-coloured trainers with the caption: “Thanks to everyone who has contributed to the ‘big feet / small feet’ chat…some very interesting points, tips and issues raised And thanks to everyone who has joined the waiting list for these bad boys here are way more names on the list than shoes… #mumshoes #airandgrace #dlambyzdpxairandgrace #dlambyzdp #dresslikeamum”.

A complaint was raised regarding whether the post was obviously identifiable as marketing material. Air & Grace responded that the post promoted a design collaboration and was not an advertisement.

Whilst the ASA disagreed, it did not uphold the complaint. Although the ASA found that the post was a marketing communication falling within the remit of the CAP Code, they considered that it was obviously identifiable as an advertisement. This was on the basis that it included references (and a link) to a waiting list, and the use of hashtags and the Instagram handle for the merchandising page were sufficiently clear for consumers to understand that the post was intended as an advertisement.

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