Australia · Marketing and promotions
Hismile action shows staged ‘random shopper’ testimonials can mislead
Hismile paid $138,600 under seven infringement notices concerning social media videos. The ACCC’s concerns included employees presented as apparently random shoppers and separate Glostik Tooth Gloss efficacy representations. In a court-enforceable undertaking, Hismile admitted that relevant conduct contravened or was likely to contravene the Australian Consumer Law.
What this means
Understand the practical effect.
Hismile paid $138,600 under seven infringement notices concerning social media videos. The ACCC’s concerns included employees presented as apparently random shoppers and separate Glostik Tooth Gloss efficacy representations. In a court-enforceable undertaking, Hismile admitted that relevant conduct contravened or was likely to contravene the Australian Consumer Law.
What to do
Turn the update into action.
Do not present employees, affiliates or paid creators as independent members of the public. Disclose material relationships clearly, substantiate product-performance claims and review the overall impression of every edited social video before publication.
Official sources
Check the controlling material.
Practical support
Apply this update to your business.
Confirm the products, customer journeys, claims, suppliers or processes affected, then identify the evidence, ownership and timing needed for a defensible response.
Watchdog can assess the update against your circumstances and recommend the most useful next step.
Important information
Check the current position.
This update is general information, not legal advice. Laws, official guidance and proceedings can change. Check the current source and your specific facts before acting.