Influencer marketing, our report to the Antitrust Authority

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After introducing the concepts of social marketing and influencer marketing-and laying out the rules to protect consumers from hidden advertising and unfair trade practices-Great Italian Food Trade (GIFT) analyzes two posts by Italian bloggers promoting foods with deplorable nutritional profiles. And it reports both cases to the Antitrust Authority, asking for an investigation to be opened against influencers, agencies or other intermediaries possibly involved, industries that own the brands called into question.

iPantellas, Who are you in the kitchen, SaiKeBon

iPantellas are two young comedians from Lombardy, Jacopo Malnati and Daniel Marangiolo, in their late 30s. They started posting videos on YouTube on 8/28/09 garnering about 5.1 million subscribers with over 2 billion views. A resounding success that ranks them the second highest paid youtuber in Italy, after Favij (Lorenzo Ostuni). With a monthly income, for YouTube views alone, estimated at about 20 thousand euros/month. To which are added advertising revenues and event fees. (1)

The video Who You Are in the Kitchen has garnered, in the past three weeks, 1.6 million hits on YouTube. The two comedians suggest with various sketches the extraordinary goodness and versatility of Saikebon precooked noodles, from Star S.p.A.(2) The use of which is proposed in different everyday contexts, from romantic and couple’s dinner to meetings with friends to play video games.

However, the hashtags #TakeEatEasy, #Saikebon and #adv are only visible to those who open the video on the YouTube platform. And not also to those who access and view it-as is the case in most cases-through referrals from friends and acquaintances or shares on popular social networks (e.g., Whatsapp, Messenger).

Therefore, the inclusion of the #adv hashtag alone in the subtitles of the YouTube post is completely unsuitable, in the writer’s humble opinion, to communicate to users/followers/consumers the advertising nature of the video. All the more so since it is aimed at a youth audience, which is more naive and vulnerable to covert advertising than adults.

Space Valley. Fast-food and Big Food.

Space Valley is the YouTube channel of a group of 25-year-olds from Bologna, opened on 3/28/16, with nearly one million subscribers. The two presenters Nelson Wenceslai and Cesare Cantelli devote long videos, even 15-20 minutes, to the most famous international brands, including fast-food and Big Food. In different formats (headings) of presentation, including:


– Is it like on the package?
Salivating and appreciating the various foods offered by fast-food chains, from McDonald’s to Burger King and Kentucky Fried Chicken (KFC) (2019, 1.1 million views). Definitely effective work for so-called brand awareness among the youth audience that Space Valley targets. There is no mention, however, of any contributions/sponsors/engagement of the brands involved.


– Taste Test
. Videos promoting Big Food brands, with profusion of laudatory comments associated with the brand being serially repeated verbally and in writing. Without ever referring to advertising purposes. As in the case of Pringle’s (Kellogg), a junk-food icon decried in 2019 with over 1.2 million visits. Or the various breakfast cereals with added sugars and fats, in the serenade in favor of Kellogg’s and Nestlé (over half a million hits in one month since publication in June 2020). See image on the cover.


– Are Sub-brands Better?
One out of all, among the Easter eggs, Kinder (Ferrero) is presented as the main brand and the others would be ‘all more or less dubious sub-brands‘, in fact then denigrated in every respect (from minute 10:19 onwards. 2019, 652 thousand views). Ironically, when even masked-in the parody of blind tests-the two conductors always choose the ‘branded products‘ which are then the only ones whose names are shown and repeated. (3)

The neuromarketing practiced by the wily duo is deadly; junk food is always associated with anecdotes and positive emotions that reach the grotesque. Such as the story of the friend who used to bring Ringo (Barilla) every school day and ‘now he’s even become muscular‘ (at minute 9:30), with the invitation to always bring industrial snacks from home (in the video Snacks, are sub-brands better? 2019, >1 million clicks). Systemic nutritional dyseducation.

Alice and Crazie, McDonald’s and Coca-Cola

Instead, Let’s give McDonald’s dinner to the hom eless is the video by Alice and Crazie, very young youtubers with 222 thousand followers, which in just a few hours, on 7/25/20, has already garnered nearly a hundred views. Crazie is a gamer from Palermo who, in the Covid era, travels to Milan for the occasion. To make a 12-minute video ostensibly dedicated to ‘solidarity’.

Behind the appearance of a charitable gesture, youtubers show how to order various McDonald’s menus with a touchscreen video and payment via smartphone. They buy 5 bags with hamburgers, fries and Coca-Cola and cheerfully deliver them to 5 homeless people of various nationalities in the San Babila area. They repeat each time that it is Mac Donald’s food – ‘very good,’ one hears in the finale – priced around 5€. And they mention other products available, from popcorn to ice cream, Coca-Cola Zero, and doubleburgers.

The post contains no hashtag or other reference to the promotional nature of the video. In whose description the name of the fast-food chain is repeated, In THIS VIDEO WE’RE GOING TO OFFER the MCDONALD’S DINNER to the SICK! LET’S SEE THEIR REACTION! The social profiles of the various performers are thanked and recalled, in addition to reporting the COMMERCIAL Email. It is legitimate to express some suspicion about the real intent of the filming. As well as on the collection of consent to the recording and publication of images of ‘gift’ recipients, in accordance with privacy regulations.

Report to the Antitrust Authority

Covert advertising and predatorymarketing of ultra-processed foods that are hazardous to the health of minors in particular. That’s enough!

We ask the Competition Authority to investigate any economic relationship, including donations of goods and services, between the above-mentioned influencers and the owners of the brands to which they devote so much attention or agencies and intermediaries of various kinds.

The Antitrust Authority may assess whether unfair and deceptive business practices have occurred and where appropriate apply exemplary sanctions –
Towards principals in particular, pursuant to Leg. 206/05 – Articles 22 and 23.1.m.

The severity of penalties to be applied should take due account of the disvalue of communications that move in a direction contrary to nutritional recommendations and policies to prevent obesity, overweight and related diseases. Which have reached, even in Italy, epidemic spread (4,5).

We also propose that the Antitrust Authority wants to clarify the strict obligation to include the words ‘Advertisement‘, in the upper left-hand corner of the image format, for the entire duration of all videos in which there is reference to products and brands and any economic relationship related to the placement. Including benefits in kind (donations of products and merchandising items, services or any other benefits). Obligation to apply retroactively on all videos subject to investigation, which we hope will be initiated soon, for the due protection of minors and young people.

Dario Dongo

Notes

(1) Carmine Orlando.
How much iPantellas earn: assets and receipts YouTube
. Money.co.uk. 29.5.20,
(2) Fabio Lombardi. From Star to Candy, dozens of Brianza brands in foreign hands. The Day. 30.9.18,
(3) Space Valley, YouTube Wiki at https://youtube.fandom.com/it/wiki/Space_Valley
There is also the Test format, dedicated to comparing the effectiveness of non-food products such as toilet paper, glue, tape
(4) ISTAT Report.
Lifestyles of children and youth, years 2017-2018
. 29.10.19,
(5) Eurispes, 32nd Italy Report. 30.1.20

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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.

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Lawyer, specializing in intellectual property rights. LL.M. in agri-food law.