In some cases, podcasters aren’t solely responsible for signposting sponsored content. The meal replacement brand Huel was just cautioned by the UK’s Advertising Standards Authority (ASA) over a host-read promotion that wasn’t sufficiently marked, reports Rebecca Stewart of Adweek.*
On an episode of Diary of a CEO, listeners heard a page-turn sound effect before the host launched into a lengthy promotion of the brand’s shakes. You can read it in the ASA ruling. He ended the segment with “Back to the podcast.” No sponsorship was mentioned in the audio, only the episode description.
The host had invested $24 million in Huel back in 2018. The existing financial agreement did not reward him for affiliate purchases, but the ASA called an ad an ad: “We considered that it should be obvious that any advertising feature was an ad and that information was delivered in a timely fashion.”
Huel argued that they had no editorial control over the podcast, and the ASA somewhat agreed. However, the ties between brand and host were strong enough to extend the blame. The full ruling is an interesting read. What exactly counts as an ad, and what counts as a clear signpost?
Different consumer protection laws aside, podcasters and brands in the US and elsewhere should take note of this dynamic. Both parties thought they’d done due diligence, no one is being charged over banana shakes, and the ASA does a great job of explaining what went wrong.
*The Adweek post may be paywalled, but the ruling has you covered.
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