A pattern is now emerging of the ASA rejecting complaints about
social media campaigns for restricted products, such as HFSS and
alcohol, where the advertiser and the influencer can prove that the
activity is not inappropriately targeted at the under 18's.
The latest case concerned Instagram posts by the influencer
Tanya Burr promoting Heineken. Six people complained that Tanya
Burr was popular with the under 18s and challenged whether the ads
had been appropriately targeted.
If Heineken and Tanya Burr had only been able to rely on the
self-declared ages of users of Tanya's Instagram account, it is
probable that the ASA would not have been convinced that they had
proven the negative that is required, i.e. that activity was not
inappropriately targeted. Why? Because the ASA has never
accepted that self-declared ages can be relied upon, given the
propensity of children to lie about their ages when registering for
social media accounts.
