The National Advertising Division (NAD) also determined that two TikTok videos demonstrating and reviewing Drunk Elephant’s B-Goldi Bright Drops did not sufficiently disclose the material connection between Drunk Elephant and the influencers promoting its products.
NAD recommended that Drunk Elephant contact the influencers to modify the posts to include such disclosures.
Safety Claims
NAD inquired about a Drunk Elephant Instagram post with the express claim:
“Here’s a list of our products that are safe for kids and tweens to use: Beste, LaLa, Bora (it’s very rich so this one depends on level of dryness). F-Balm, Wonderwild, Virgin Marula Oil, Umbra Sheer, B-Hydra, D-Bronzi, O-Bloos, Lippe Pekee, Kamil Body Cleanser, Sili Body Lotion, Sili Whipped, Wild Marula Tangle Spray, and Cocomino shampoo + conditioner.”
NAD decided that the brand had a reasonable basis for its kids and tweens’ usage claim.
During the inquiry, Drunk Elephant voluntarily agreed to permanently discontinue the challenged testimonials featured in an Instagram video as part of their #BareWithUs campaign.
Drunk Elephant also informed NAD it will clearly and conspicuously display a material connection disclosure if reposting endorsements from unpaid influencers receiving free products.
The brand said it will encourage influencers receiving free products to make clear and conspicuous material connection disclosures and provide instruction on required disclosure practices as part of the sent materials.
Influencer Posts
A TikTok video post featuring Alix Earle, a Drunk Elephant paid influencer, states “@Drunk Elephant you did it again – you guys know I’m obsessed with the bronzing drops… wait til you see these b goldi drops #drunkelephantpartner.”
NAD found that Earle’s material connection disclosure “#drunkelephantpartner” is not clear and conspicuous because it is only visible if viewers click on the “more” link to see the whole comment.
The NAD reached out to Earle to modify the post so that the hashtag is visible without expanding the text and to include a clear and conspicuous material connection disclosure within the video.
A Drunk Elephant advisor stated that it “will comply with NAD’s recommendations” and “appreciates NAD’s important role in advertising industry self-regulation.”
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