Ocean Influencer Faces Advertising Complaint Over Wine Brand Campaign

Influencer océane Amsler Under Scrutiny for Evin Law Breaches, Addictions France Demands Broader Alcohol Ban

Paris, France – Océane Amsler, a prominent influencer, finds herself at the center of a legal challenge initiated by the association Addictions france. The association has filed a complaint against Amsler and her company, “Maison Brathe,” for alleged breaches of the Evin Law, which regulates alcohol advertising in France.The legal action comes after repeated public alerts by Addictions France regarding problematic content promoting alcoholic beverages.

Myriam Savi, a legal expert for Addictions France, explained that the complaint was filed and pursued “only until the launch of the influencer’s mark [presumably referring to a new product or venture by Amsler].” She elaborated that “Given the limited means available to the association with regard to all the breaches observed in the Evin law, an emergency action could not be carried out.” The association’s objective was to “obtain a posteriori sanctions as an example,” highlighting the need to demonstrate that no one is above the law.

The Elusive “maison Brathe”

The “House of maison Brathe,” seemingly the name of Amsler’s venture,is currently inaccessible. Océane Amsler and her partner addressed criticisms regarding addiction and their business practices in a January youtube video on the “Influencer Youtube channel.” They stated, “Our objective has never been not to respect the law. Our goal is to sell an adult product to responsible adults respecting the law.”

Amsler also voiced her frustrations with the regulatory habitat, lamenting, “Already, you have the impression that you do not do much because there is nothing that you can do to promote your brand. And the minimum you do, we will tell you, ‘stops’.” Facing these challenges and reportedly sluggish sales, she had considered “turning the house fight.” contacted by the publication, Océane amsler did not respond to requests for comment at the time of the article’s publication.

Despite the company possibly no longer being active, Addictions France proceeded with its action. Savi noted, “We asked ourselves the question of whether it was appropriate” to file a complaint when the company is a priori more active. However, as the content deemed problematic continued to appear despite public warnings, the association felt compelled to demonstrate that “no one is above the laws.”

Addictions France Advocates for a Wider Alcohol Promotion Ban

This action against Amsler is not an isolated incident for Addictions France. The association has a history of legal engagement with influencers, having previously secured convictions against others.Notably, influencer Anna RVR received a suspended sentence of 3,000 euros for an advertising campaign involving a rosé brand. In another case, YouTuber Pierre Croce was fined 10,000 euros (suspended) and ordered to pay 10,000 euros in damages in 2023 for a video that included alcohol challenges and tastings.

“In general, influencers are alerted at first.If they remove problematic content, we are not going any further,” explained Myriam Savi.She emphasized the association’s broader mission: “Our subject is not to be on influencers. This is to say that when laws exist, they must be applied. And the Evin law has a public health aim.”

Addictions France is actively campaigning for a more stringent approach, advocating for a ban on “any form of promotion of alcohol on social networks in order to better protect young people, especially minors, from advertising exposure.” This call for a broader prohibition underscores the association’s commitment to safeguarding public health, particularly among vulnerable populations.

For confidential and anonymous alcohol information and support, the Alcohol Info Service can be reached at 09.80.98.09.30.The service is available from 8 am to 2 am, seven days a week, offering information on alcohol’s effects, risks, relevant laws, and local support resources.

What specific elements of Ocean’s Sunstone Vineyards campaign triggered the ASA complaint, and how do these relate to established ad disclosure guidelines?

The Complaint: Misleading Alcohol Promotion?

A rising social media influencer known as “Ocean” (real name withheld pending legal proceedings) is currently facing an advertising complaint filed with the Advertising Standards Authority (ASA) regarding a recent promotional campaign for “Sunstone Vineyards,” a boutique Californian wine brand. The core of the complaint alleges that Ocean failed to adequately disclose a paid partnership, leading followers to believe her eager endorsements were organic and unbiased. This case highlights the growing scrutiny of influencer marketing and the importance of ad disclosure in the digital age.

Details of the Sunstone Vineyards Campaign

Ocean, who boasts over 2.5 million followers across Instagram and TikTok, launched a series of posts and stories showcasing Sunstone Vineyards’ wines. Content included idyllic vineyard visits, wine pairings with meals, and direct recommendations to purchase. The complaint centers around the absence of clear and conspicuous labeling indicating the posts were part of a sponsored campaign or advertisement.

Specifically,the ASA complaint points to:

Lack of Hashtags: No use of hashtags like #ad,#sponsored,or #partner.

Vague Captions: Captions focused solely on the positive attributes of the wine without any indication of financial or material compensation.

Story Format: Instagram Stories, known for their ephemeral nature, were used extensively, potentially minimizing the chance of viewers noticing a disclosure (had one been present).

ASA Guidelines and Influencer Obligation

The ASA has strict guidelines regarding transparency in advertising. These guidelines, updated frequently to address the evolving landscape of social media marketing, require influencers to clearly identify commercial intent. Key requirements include:

Prominent Disclosure: Disclosure must be promptly noticeable and understandable to the average consumer. Simply burying a disclosure in a long caption or using ambiguous language is insufficient.

Platform-Specific Considerations: Disclosure methods should be appropriate for the platform. For example, Instagram’s “Paid Partnership” tag is considered best practise.

Honest and Accurate depiction: Influencers must genuinely believe in the products they promote and avoid making misleading claims.

Failure to comply with these guidelines can result in the ASA demanding the removal of offending content and potentially issuing sanctions against both the influencer and the brand. This case underscores the legal and ethical responsibilities of digital influencers.

The Brand’s Viewpoint: Sunstone Vineyards’ Statement

Sunstone Vineyards has released a brief statement acknowledging the complaint. They claim they provided Ocean with clear instructions regarding ad disclosure and believed she had complied. The statement reads, in part: “Sunstone Vineyards is committed to ethical marketing practices. We provided Ocean with extensive guidelines on transparency and expected full adherence to ASA regulations. We are cooperating fully with the ASA’s inquiry.” The brand’s reputation is also at stake, as they are ultimately responsible for ensuring their advertising campaigns are compliant. brand accountability is a crucial element in influencer marketing.

Potential Consequences for Ocean and Sunstone

The ASA’s investigation is ongoing, but potential outcomes include:

1. Content Removal: The ASA could order the removal of the offending posts and stories.
2. Corrective Action: Ocean may be required to publish a clear disclosure on her channels acknowledging the paid partnership.
3. ASA Ruling: A formal ruling against Ocean and/or Sunstone Vineyards will be published on the ASA website,potentially damaging their reputations.
4. Future Scrutiny: Both Ocean and Sunstone Vineyards will likely face increased scrutiny from the ASA in future campaigns.

The Broader Implications for Influencer Marketing

This incident serves as a cautionary tale for the entire influencer industry. It highlights the need for:

Enhanced Education: Influencers need to be better educated about their legal and ethical obligations.

Clearer Contracts: Brands should include explicit clauses in influencer contracts regarding ad disclosure.

Increased Monitoring: Brands should actively monitor influencer content to ensure compliance.

Consumer Awareness: consumers should be critical of sponsored content and look for clear disclosures.

The rise of micro-influencers and nano-influencers also adds complexity, as these individuals may be less familiar with advertising regulations. Influencer compliance is becoming a major focus for regulatory bodies worldwide.

Real-World Examples of Similar Cases

This isn’t an isolated incident. In 2023, several high-profile influencers faced similar complaints for failing to disclose sponsored content related to fashion and beauty products. The Federal Trade Commission (FTC) in the United States has also been actively pursuing cases against influencers who violate advertising guidelines. These cases demonstrate a growing trend towards stricter enforcement of transparency rules in the digital advertising space.

Practical Tips for Influencers: Ensuring compliance

* Always Disclose: When promoting a product or