Stephen Bartlett's Slap On the Wrist Should Be a Wake-Up Call for Brands

In August 2024, the UK advertising world was witness to a high-profile case involving entrepreneur and "Dragons' Den" star Steven Bartlett.

The Advertising Standards Authority (ASA) banned ads featuring Bartlett for two prominent brands, Huel and Zoe, citing "misleading" content.

The crux of the issue? Failure to disclose Bartlett's commercial relationships with these companies in his social media promotions.

This case is a reminder of the complexities and potential pitfalls in the rapidly evolving world of influencer marketing. As brands increasingly turn to social media personalities to reach their target audiences, the line between authentic recommendation and paid advertisement can often blur, leaving both companies and influencers vulnerable to regulatory scrutiny.

Why influencer marketing is challenging to get right

Influencer marketing has become a cornerstone of many brands' digital strategies, and for good reason. Recent statistics paint a compelling picture of its effectiveness:

• 69% of consumers trust influencer recommendations

• 75% of people use social media for purchasing advice

• 76% of users have made or intended to make a purchase based on a social media post

These numbers highlight the immense potential of influencer partnerships. However, as the Bartlett case illustrates, with great power comes great responsibility - and the need for strict adherence to advertising regulations.

What did Bartlett do?

Let's break down the specifics of this case:

1. Undisclosed financial interests: Bartlett is an investor in Zoe and a director at Huel. However, none of the adverts made these facts clear to consumers.

2. Misleading testimonials: The ASA ruled that many consumers would interpret Bartlett's posts as independent testimonials, unaware of his financial interests in the companies.

3. Multiple platforms: The banned ads appeared on both Facebook and TikTok, demonstrating that the issue spans across social media platforms.

4. Content types: The banned content included both static posts and video content, indicating that all forms of influencer content are subject to the same scrutiny.

5. Brand responsibility: Both Huel and Zoe were held accountable, even though the content was posted on Bartlett's personal accounts. This stresses the shared responsibility between brands and influencers.

6. Insufficient disclosure: The brands argued that Bartlett's status as a well-known entrepreneur and investor should have been enough disclosure. The ASA disagreed, emphasizing the need for explicit disclosure in each post.

One of the two banned ads for meal supplement company Huel saw the podcaster pictured drinking one of their products with a quote saying: "This is Huel’s best product".

In the second advert, he was seen in a video saying: "This is the best product that Huel have released".

"We considered that many consumers would interpret the ads as featuring a testimonial from Steven Bartlett about one of Huel’s products," the ASA said in its ruling.

"Because the ads omitted material information about Steven Bartlett’s position as a director at Huel, we concluded they were likely to mislead."

For CMOs, this case isn't just another headline and should be a reminder of the critical importance of compliance and transparency in influencer campaigns. It demonstrates that even high-profile, seemingly sophisticated marketing efforts can fall foul of regulations if proper disclosures aren't made.

Ensuring you’re clued up on the regulation

The UK's advertising regulations, overseen by bodies like the ASA and governed by the CAP Code, are designed to ensure transparency and protect consumers from misleading content. Key rules include:

1. Clear disclosure of commercial relationships

2. Transparent labelling of ads (e.g., using #ad or #sponsored)

3. Ensuring all claims made in ads are truthful and can be substantiated

Violating these rules can result in banned ads, damaged reputations, and in severe cases, legal consequences.

The Bartlett case is just one in a growing list of cautionary tales. In 2021, the ASA conducted a sweep of over 24,000 Instagram posts and found that 65% of ads were not clearly labelled as such, highlighting the widespread nature of this issue.

Why picking the right influencer is important

To navigate these challenges, brands must be meticulous in their selection of influencers. This process goes beyond mere follower counts and engagement rates. Brands should consider:

1. Alignment with brand values and target audience

2. The influencer's history of regulatory compliance

3. The authenticity of the influencer's engagement with their audience

4. Potential for long-term partnership rather than one-off promotions

By choosing influencers who genuinely resonate with their brand and have a track record of responsible marketing, companies can minimize risks and maximize the effectiveness of their campaigns.