An analysis of 141 rulings by the UK’s Advertising Standards Authority (ASA) from October 2017 to April 2024 uncovers significant trends in influencer marketing malpractice, extending beyond mere transparency issues.

The study, conducted by Dr. Alexandros Antoniou of Essex Law School, identifies four new categories of influencer misconduct: “promo-masquerade,” “risk-fluence,” “mone-trapment,” and “stereo-scripting.”

1. Promo-masquerade encompasses practices that obscure the true nature of advertised products or disguise promotions as impartial content. This category includes editing techniques to exaggerate product efficacy and mishandling prize promotions.
   
2. Risk-fluence relates to public well-being and safety concerns, including impermissible health claims, promotion of prohibited products, and irresponsible marketing of age-restricted items. The research highlights instances of influencers promoting unlicensed e-cigarettes and prescription-only medicines.
   
3. Mone-trapment involves luring followers into excessive spending or investments without adequate risk disclosure. Examples include influencers promoting cryptocurrency investments without warning of associated risks.
   
4. Stereo-scripting refers to the perpetuation of harmful stereotypes in influencer content, particularly regarding body image and gender roles.

Regulatory Challenges and Recommendations

The study reveals that influencer-related cases have consistently increased since 2017, with a notable spike in 2019. In 2023, influencer cases accounted for 22.6% of all online cases resolved by the ASA.

Dr. Antoniou argues that the current regulatory focus on transparency of marketing communications is insufficient. 

He proposes a more comprehensive approach to address the various dimensions of influencer misconduct.

The research suggests implementing a robust best practice framework and certification schemes to foster maturity and sustainable growth in the influencer industry. 

Dr. Antoniou recommends developing these initiatives through collaboration between self-regulatory entities and the principal advertising regulator.

Future Directions for Influencer Marketing

The study also highlights emerging concerns in patient influencing, environmental claims, and pet influencer content, which align with the identified themes of malpractice.

Dr. Antoniou emphasizes the need for influencers to be held to standards comparable to traditional advertisers, given their analogous roles and impact on consumer behavior.

The research points out that while followers generally understand the need for brand partnerships, they question practices that erode creative freedom or burden consumers with high costs.

The study notes that some influencers appreciate appropriate targeting and audience demographics, particularly regarding products high in fat, salt, sugar, gambling, and alcohol.

However, it reveals persistent issues with influencers promoting age-restricted products, such as alcohol, to potentially underage audiences.

The current emphasis on ad labeling may be misguided, as most video-sharing site users are already aware of potential paid endorsements by influencers.

Dr. Antoniou’s study proposes that a dedicated Influencer Code of Conduct, similar to established content standards models in other industries, could significantly boost integrity and accountability in influencer marketing.

The research concludes that tighter measures for influencers should be implemented alongside actions to hold other market players, such as brands and platforms, accountable for upholding good practices in influencer partnerships.

The full study is available here.