Influencers and the Consumer Watchdog
A recent initiative by the Ministry of Consumption in Spain examined how public figures with large follower counts disclose paid promotions on major social networks. The agency tracked posts to identify cases where advertising messages appeared without clear warnings that they were advertisements. The results highlighted a pattern of undisclosed commercial content on influential profiles and prompted the ministry to consider stronger oversight of influencer marketing practices.
The General Sub-Directorate of Inspection and Sanctions Procedure, part of the General Directorate of Consumption, coordinated the effort through the Internet Observatory. The ministry explained that a comprehensive sweep covered online video channels and other public profiles. It noted that current regulations do not yet specifically address the business activities of such high-profile public figures when it comes to online advertising practices in Spain.
Average non-compliance with ad disclosure
In its preliminary findings, the authorities reported an average non-compliance rate of 77.75 percent in identifying posts that contain advertising content. The Consumer authorities emphasized their mandate to monitor such posts wherever they appear, given the potential impact on consumers who encounter them in everyday social media use.
Stopping problematic behavior
Following the investigation, the ministry reached out to potentially infringing public profiles and urged them to cease their current practices. It also provided a voluntary Code of Conduct for the Use of Advertising by Influencers, while reserving the right to initiate disciplinary proceedings if necessary. This step aims to reduce misleading promotions and protect consumer interests, especially as some followers view these profiles as trusted sources.
Recipients of the notification indicated that the messages carry a particular impact on consumers with large followings and views, and are especially relevant for younger audiences who are more vulnerable to commercial communications.
Content creators and legal standards
The ministry identified influencers with millions of followers and their associates who may manage content created by younger creators. Under the Unfair Competition Law, unfair commercial practices include promotional communications that do not clearly state their advertising nature and payments made to influencers for such promotion. The department noted that these forms of promotion can be considered advertising even when they are embedded within otherwise nonadvertising content.
The agency indicated that responsibility may lie with the influencers themselves, regardless of whether an advertising company is involved, when participating in covert commercial communications. The inquiry underscores the need for explicit labeling and transparency in paid promotions across all influencer activity.
Regulatory developments on child-focused advertising
Since March 2022, a royal decree has regulated food and beverage advertising directed at minors. A notable innovation was the prohibition on featuring athletes or other professionals in children’s programs when promoting healthy or unhealthy consumption. While some organizations criticize ongoing regulatory delays, the decree represents a clear step toward restricting certain forms of child-targeted advertising within media aimed at younger audiences.
A recent collaboration between the ministry and a public health foundation shows that a significant share of minors are exposed to fast food advertising. The study highlights how such exposure correlates with dietary choices and consumption patterns among children and adolescents.
Diet, media, and youth exposure
The report also explored how screen time and socioeconomic status intersect with eating habits among young people. One striking finding is that exposure to advertisements for multiple unhealthy products is linked to higher consumption of soft drinks, baked goods, salty snacks, sweets, and energy drinks. Notably, the study estimated that among minors not exposed to such advertising, about 26.3 percent consumed these items more than twice weekly. Among those exposed, the figure rose to 39.6 percent, indicating a substantial impact from advertising exposure on dietary choices.
Overall, the findings point to a need for ongoing monitoring of marketing practices that reach young audiences and for policies that promote transparent disclosures and healthier media environments for children and adolescents.