Influencer Nabilla Benattia-Vergara was fined € 20,000 by the Directorate General for Competition, Consumption and Fraud Control (DGCCRF) for “deceptive commercial practices”.
The facts date back to 2018. The reality TV star had, on Snapchat, praised the merits of a service offered by a stock market, and according to her allowing many gains.
Problem: Nabilla did not specify that she was paid to carry out this promotion. Many subscribers saw it as a simple sharing of good discovery, without suspecting that it was actually an advertisement.
“Failure to indicate the advertising nature of its publication (by a logo, or an oral or written mention for example) constitutes a deceptive commercial practice”, estimated the DGCCRF in a press release.
Article L.121-1 of the Consumer Code indeed provides that a promotion which “Does not indicate its true commercial intention as long as it does not appear from the context” is misleading.
This concealment poses a problem, because “The publications of influencers on social networks are (…) likely to have a significant impact on the economic behavior of the people who follow them”, warned the DGCCRF. A fine of € 20,000 was therefore “Proposed and accepted” by Nabilla Benattia-Vergara, with the agreement of the Paris prosecutor.
Product placements criticized
This isn’t the first time that influencer ads have raised legal questions. People who are very popular on social networks are often approached by brands to promote certain products. A completely legal practice, which is also one of their main sources of income.
But these product placements are often controversial: when they are not reported, as for Nabilla in 2018, or when they are considered abusive by some influencer subscribers.
For example, reality show contestants Julie Ricci and Coralie Porrovecchio have been accused of pretending to drink the tea they were promoting.
“Influencers must inform their community” when they are paid to speak positively about a brand, recalled the Minister of the Economy Bruno Le Maire on Twitter. He called for reporting “Deceptive behavior” and the “Disguised advertisements” on SignalConso.
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