In a landmark decision, the Advertising Standards Authority (ASA) in the UK recently ruled that, for the purposes of the CAP Code at least, a social media user may be considered a celebrity where they have 30,000 followers or more.
In this case, the ASA found that an influencer breached the CAP Code when she published an Instagram post promoting an over-the-counter sleeping tablet produced by Sanofi. The caption for the post was marked ‘AD’ and included the statement:
“… I tried out Phenergan Night Time… It is a pharmacy only, short term solution to insomnia for adults which works by inducing a sleepy effect thanks to its active ingredient, promethazine hydrochloride, helping you to sleep through the night. … #AD #sleep”.
Although health professionals and celebrities can advertise or endorse cosmetic products, CAP Code Rule 12.18 states that “Marketers must not use health professionals or celebrities to endorse medicines.” Continue Reading