An influencer advert promoting an Oxy Shred product on TikTok has been found to breach the Ad Standards Agency (ASA) code of ethics – but the influencer has not responded to the ruling.

Fitness supplement company Oxy Shred had its ‘Ultra Powder Tub’ product included in a TikTok video by an individual with the username ‘livinwithdraven’. The ASA said he “explains that it ‘makes you feel amazing’ and demonstrates how to prepare and drink the powder”. The post’s caption featured the hashtag ‘oxyshredcoles’.

The ruling serves as a warning to retailers or businesses using social media to market products online – and the use of influencers without transparency.

The ASA received a complaint over the video on the grounds that it appeared to be advertising, without being disclosed as such. This activity could mislead customers, the agency said. The complaint was upheld as the agency’s panel found it to be in breach of the Australian Association of National Advertisers (AANA) code of ethics.

“Influencer and affiliate marketing often appears alongside organic/genuine user-generated content and is often less obvious to the audience,” the agency said. “Where an influencer or affiliate accepts payment of money or free products or services from a brand in exchange for them to promote that brand’s products or services, the relationship must be clear, obvious and upfront to the audience and expressed in a way that is easily understood (e.g. #ad, Advert, Advertising, Branded Content, Paid Partnership, Paid Promotion).”

It added that the frequent descriptions of the product being “amazing”, while its availability in Coles was being promoted, helped to influence the panel’s decision.

But the advertiser in question declined to respond to the decision of the code breach, with the post still available on TikTok. “A copy of this decision will be shared with TikTok with a request to ensure compliance with the AANA code of ethics,” the agency added.