Get earned or get burned: the Oreo vlogger ruling

Get earned or get burned: the Oreo vlogger ruling

A ruling by Britain’s Advertising Standards Authority last week threatens to remove a key plank from the content marketing strategies of travel companies.

The ruling rapped Mondelez, the parent company of Cadbury and Jacob’s biscuits, across the knuckles for a campaign it had run with vloggers promoting Oreos.

On their YouTube channels, a number of vloggers had taken part in lick races (AmazingPhil’s channel for example) using Oreos but ASA ruled that the clips had not been labelled as marketing communications and that the vloggers had received both payment and product from the company.

The ASA specifically mentions the concept of “native advertising” – where brands try to make their content indistiguishable from that posted by individuals on social channels. It said, “The presentation of each ad was very much in keeping with the editorial content of the respective channels and that the fact that the videos were marketing communications would therefore not be immediately clear from the style alone.”

ASA ruled that Mondelez must not run the videos in the same form again and that if they did similar campaigns in the future, they needed to make their commercial involvement clear before a consumer clicked on a link.

Andrew Terry, partner and media expert at law firm Eversheds, says of the ruling: “On the face of it, this decision simply reflects the position in all formats, including social media, that all advertising must be ‘obviously identifiable’ as a marketing communication. The principle being that the public must not be misled into believing that vloggers have independently and spontaneously decided to talk about a product.

“The additional twist here is the ASA’s insistence that the commercial nature of the video must be made clear before any consumer engagement. That means that flagging the relationship at some point during the video is not sufficient, which may well make this kind of promotion much less attractive for brand owners.”

Many travel companies engage in similar kinds of content marketing and native advertising, particularly involving blogger and vlogger outreach, and will have read of ASA’s ruling with concern. Many social media strategies in the sector also rely on brands acting as “trusted friends”, i.e. pretending to be individuals with an informal tone of voice and sharing the sort of content that real friends do.

So where does this leave bloggers and brands?

I believe that the world of blogging is at a tipping point. Only a handful of travel bloggers have made a viable business of their art and this decision will only make success even harder. Companies who use bloggers in their marketing will now need to recognise many bloggers for what they are – marketing copywriters – and flag up their work as such.

As for other parts of social media, the various networks are making it harder for brands to act as “trusted friends” by tweaking their algorithms to reduce the organic reach of posts in order to make companies pay for their marketing.

Travel brands need to get used to this new landscape quickly and look at new ways to earn their audience.

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Mark Frary is co-founder of Travel Perspective, a social and digital consultancy working with travel companies and tourism organisations to create successful marketing campaigns He is an author and writer specialising in travel, social media and technology. He writes regularly for The Times and has written for many other publications including the Evening Standard, the Independent on Sunday, the Daily Express, Food & Travel, ABTA magazine, the easyJet magazine and Teletext.  Mark also gives expert advice to leisure and business travel companies on their social media and communications strategies and is the co-founder of Social Travel Market, an annual conference on the use of social media in travel at World Travel Market. He is the author of seven books including The Origins of the Universe for Dummies and is currently working on a biography of the ski pioneer Erna Low. Mark lives in Ampthill in Bedfordshire, UK with his wife and three children.

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