Australia's advertising regulator has taken aim at influencers and companies for failing to clearly disclose advertisements on social media, following a case involving a TikTok user promoting a workout supplement.
The Australian Association of National Advertisers (AANA) issued a notice to TikTok after a user, identified as Draven, shared a video on June 25 promoting a powder by the supplement company OxyShred. The video, which has not been removed, showed Draven claiming he consumed the product daily and that it helped him "feel amazing" and "kickstarts your metabolism."
Draven stated in the video that the powder offered the "exact same feeling" as the company's canned drinks and that "these are perfect." He added, "It's how I stay shredded year-round."
A community panel for Ad Standards ruled that the video constituted an advertisement because "the influencer repeatedly showed the product" and "frequently said the product was 'amazing'." The panel noted that influencer and affiliate marketing can be difficult for audiences to distinguish from genuine user-generated content.
According to AANA guidelines, when an influencer is paid or receives free products or services in exchange for promotion, "the relationship must be clear, obvious and upfront to the audience and expressed in a way that is easily understood." Recommended disclosures include hashtags like '#ad', 'Advert', 'Advertising', 'Branded Content', 'Paid Partnership', or 'Paid Promotion'.
Commenters under Draven's video also expressed skepticism, with one asking, "How much they paying you?" Another wrote, "Almost convinced me until I realised it was an ad."
The Ad Standards panel determined the video violated the AANA Code of Ethics. OxyShred did not respond to the decision. A copy of the verdict was sent to TikTok, but the video remained online nearly a month later.
Draven has posted additional videos about OxyShred products since June 25, none of which have been labeled as ads or paid partnerships. It is unclear whether the influencer is sponsored by the company or is a genuine user of its products. The Daily Mail has contacted OxyShred's owner, EHPlabs, and Draven for comment.