Following an independent review, the ASA has reversed its previous ruling and upheld a complaint that a post by Zoe de Pass was not obviously identifiable as a marketing communication.

Zoe de Pass claimed that the post which featured an image of shoes from her collaboration with Air & Grace was not an advertisement because under their licensing agreement Air & Grace did not have any creative input or control over her posts. The ASA found that because the content of the post was promoting the shoe collaboration the post was a marketing communication.

In relation to the complaint, the ASA held that because consumers were required to click on the “more” button of the caption to see the full text and recognise it as an advertisement, the post was not obviously identifiable as marketing content. The ASA stated that a consumer should be able to recognise that the post is an advertisement before clicking to view the full caption.

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