National Advertising Division Recommends Cariuma Disclose Material Connection Between Cariuma Sneakers and Publisher of Social Media Posts

New York, NY – November 29, 2023 – Through its advertising monitoring program, BBB National Programs’ National Advertising Division (NAD) inquired about social media posts created by Cariuma Central Pte., Ltd. for its Cariuma sneakers, and recommended that Cariuma clearly and conspicuously disclose its material connection to the endorser and publisher of the posts.

Three social media posts featuring Cariuma sneakers appeared on the Instagram and Facebook accounts of Travel + Leisure (T+L), US Weekly, and The Quality Edit (TQE) and were labeled “Sponsored” below the name of the publisher. The posts included images of Cariuma sneakers and invited consumers to “shop here” or “learn more” about the sneakers. 

NAD’s inquiry focused on whether the format of the challenged social media posts blurred the line between editorial content and advertising in a way that can confuse consumers. NAD assessed whether this content, which includes affiliate links but appears to be editorial, is advertising and considered whether the content was created independent of the “economic or commercial motivation” introduced by affiliate marketing revenue. 

NAD determined that the three sponsored posts for Cariuma sneakers are advertising and noted that:

  • Cariuma retains full editorial control over the creative content with TQE and must approve any content before publication; and 
  • Cariuma selected and paid for each amplified social media post with T+L, US Weekly, and TQE. As such, the posts are paid endorsements for Cariuma sneakers.

 

NAD concluded that even though the posts were labeled “Sponsored,” it is not clear whether the posts were sponsored by the publisher or by Cariuma. As a result, consumers were not aware that the posts are paid endorsements by Cariuma. 

NAD recommended Cariuma clearly and conspicuously disclose its material connection to the endorser and publisher of the social media posts. 

In its advertiser statement, Cariuma stated that it “will comply with the NAD’s recommendation” and further stated that it “respectfully disagrees with the NAD’s decision but is committed to accurate and truthful advertising.”

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive. Per NAD/NARB procedures, this release shall not be used for advertising or promotional purposes.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

Direct Selling Self-Regulatory Council Refers Olive Tree Earnings Claims to the FTC and California AG for Possible Enforcement Action

McLean, VA – December 20, 2024 – The Direct Selling Self-Regulatory Council (DSSRC) referred Olive Tree to the Federal Trade Commission (FTC) and California Attorney General's Office for possible enforcement action after Olive Tree failed to respond to a DSSRC inquiry into earnings claims.  

Read the Decision Summary
Decision

Children’s Advertising Review Unit Recommends JustPlay Discontinue or Modify Daisy the Yoga Goat Claims

New York, NY – December 19, 2024 - The Children’s Advertising Review Unit (CARU) launched an investigation into advertising for Just Play’s furReal Daisy the Yoga Goat seeking to determine if the toy’s product packaging and commercial advertisements comply with CARU’s Self-Regulatory Guidelines for Children’s Advertising.

Read the Decision Summary
Decision

In National Advertising Division Fast-Track SWIFT Challenge, Oral Essentials Voluntarily Modifies “Made in USA” Claims

New York, NY – December 19, 2024 – In a National Advertising Division challenge, Oral Essentials agreed to permanently modify its claim that certain Oral Essentials oral healthcare products are “Made in USA.” 

Read the Decision Summary
Decision

National Advertising Division Recommends Zuru Modify or Discontinue Certain Claims for its Rascals and Millie Moon Diapers

New York, NY – December 18, 2024 – The National Advertising Division recommended Zuru Edge Limited modify or discontinue certain claims for its Rascals and Millie Moon diaper products.

Read the Decision Summary