The start of trouble for influencers? The repression of fraud (DGCCRF) has been investigating since 2021 the commercial practices of influencers, who use us on social networks. According to her findings, of the sixty influencers she targeted, more than half did not comply with regulations on advertising and consumer rights. It has therefore initiated several procedures to call to order and even punish offenders.
60% of the influencers checked were illegal
In order to verify compliance with these provisions, the services of the DGCCRF have targeted and controlled more than sixty influencers and agencies since 2021, active in the promotion of products and services such as food supplements, “slimming” programs , cosmetics or even the services of trading or online betting. The checks particularly targeted influencers with a very significant number of subscribers or who were reported by consumers. On this occasion, they found that 60% of the influencers checked presented anomalies with respect to the regulations.
Thus, the latter did not respect the rules relating to the transparency of the commercial nature of their publications, that is to say the mandatory mention when a publication is sponsored. Among them, some also misled consumers about the properties of the products sold (false anti-Covid claims, organic or natural products that were not, etc.) or promoted risky products or services, particularly in the field of sports betting. , freeing itself from the rules governing these products.
The authority also cites more serious cases such as unauthorized promotional operations for the professional training account (CPF) in order to divert money dedicated to training, or that of aesthetic interventions by beauticians and non-professionals. -health professionals, potentially endangering the health of consumers. The names of the influencers targeted by the procedures have not been communicated.
Influencer, an advertiser like the others
Like traditional players in the advertising sector, influencers must comply with all the rules that apply to advertising. They must, for example, indicate whether their publication is of a commercial nature (direct or indirect remuneration by the company) or comply with the specific terms and conditions of advertising relating to certain products or services (financial services or gambling) as well as the prohibitions on advertising. (tobacco/alcohol, drugs, dangerous products, etc.).
“The controls of the DGCCRF show the still insufficient appropriation by certain influencers of the rules which apply in terms of advertising”indicates authority. “The DGCCRF thus remains extremely vigilant to protect consumers, in particular the youngest, in the face of the shortcomings of certain players in the influence sector. It will intensify its checks in the coming months.”
The government has also opened a consultation until January 31, allowing all French people to express themselves on 11 measures divided into four themes: the rights and obligations of influencers, intellectual property, consumer protection and governance of the sector. .