Influencer’s Infant Formula Endorsement Lands Sainsbury’s in Hot Water: A Wake-Up Call for Affiliate Marketing

In a landmark decision that has sent shockwaves through the affiliate marketing world, the Advertising Standards Authority (ASA) has upheld complaints against retail giant Sainsbury’s and influencer Kayleigh Johnson for breaching advertising codes related to the promotion of infant formula. This ruling underscores the critical importance of compliance and transparency in affiliate marketing partnerships.

The Controversial Promotion

On June 29, 2024, Kayleigh Johnson, known to her followers as @kayleighjcouture, posted an Instagram story discussing her infant feeding choices. In the post, she candidly shared her intention to attempt breastfeeding but acknowledged the challenges she faced previously, leading her to use formula. She included an affiliate link directing her followers to purchase the same infant formula from Sainsbury’s website.

Regulatory Breaches Identified

The ASA identified two primary issues with this promotion:

1. Prohibited Marketing of Infant Formula: The CAP Code explicitly prohibits marketing communications for infant formula to the general public. By sharing an affiliate link to an infant formula product, Johnson’s post was deemed promotional and in violation of this code.​
2. Lack of Clear Advertisement Disclosure: Marketing communications must be obviously identifiable as such. The ASA found that the label “Aff” used in Johnson’s story was neither prominent nor clear enough to inform consumers of the commercial nature of the content.​

Sainsbury’s Response and Accountability

Sainsbury’s acknowledged the oversight, emphasizing that they had no direct involvement in the content creation but recognized their joint responsibility due to the affiliate relationship. They acted swiftly to remove the ad and are revising their affiliate terms to ensure stricter compliance with advertising regulations.​

Implications for Affiliates and Brands

This ruling serves as a stark reminder of the shared responsibility between brands and their affiliates. Key takeaways include:

• Vigilant Oversight: Brands must actively monitor affiliate content to ensure compliance with advertising standards, especially in regulated product categories.
• Clear Guidelines and Education: Providing affiliates with comprehensive guidelines and training on what constitutes acceptable promotion can prevent inadvertent breaches.​
• Transparent Disclosures: Affiliates should use clear and universally understood labels like “#ad” to disclose commercial content, ensuring transparency with their audience.​

Conclusion

The ASA’s ruling against Sainsbury’s and Kayleigh Johnson highlights the intricate web of accountability in affiliate marketing. Both brands and influencers must exercise due diligence to navigate the complex landscape of advertising regulations, safeguarding consumer trust and maintaining the integrity of their marketing efforts.