Ireland: No Exception for Celebrity Status - The CCPC's Message to Irish Influencers

The Competition and Consumer Protection Commission (CCPC) has issued compliance notices to former MMA fighter Conor McGregor and beauty influencer Suzanne Jackson for failing to disclose the commercial nature of content posted to their Instagram accounts. The enforcement actions represent the latest chapter in the CCPC's ongoing efforts to regulate social media influencer marketing and ensure compliance with consumer protection laws.

Under the Consumer Protection Act 2007, a trader must not engage in an unfair commercial practice, and specifically, a trader must not engage in a misleading commercial practice, assessed by whether the practice is likely to deceive or mislead the average consumer and cause them to make a transactional decision they would not otherwise make. A commercial practice is misleading if the trader fails to identify the commercial intent of the practice where such intent is not already apparent from the context.

The failure to disclose that social media posts are sponsored or involve paid promotion falls squarely within this prohibition. The Act specifically prohibits using editorial content in the media to promote a product where the trader has paid for the promotion, if it is not made clear that it is a paid promotion.

The offending content 

Specifically, McGregor failed to disclose that products relating to 'Forged Irish Stout' promoted on his Instagram account @thenotoriousmma were promoted in a paid capacity, and without using appropriate disclosure labels such as 'Ad' or '#ad'. The CCPC cited three offending posts including a post promoting Forged Irish Stout and tagging @forgedirishstout with the caption "Happy Friday from the GOAT". 

Jackson failed to disclose that products relating to 'SOSU Cosmetics' promoted on her Instagram account @sosueme_ie were promoted in a paid capacity. The CCPC cited three offending posts including a post promoting SOSU Cosmetics with the caption "Masterclass Night @dunnesstores in Limerick!". 

Compliance directions and requirements 

The CCPC has directed McGregor to ensure that, in all future instances where a trader has paid him to use editorial content in the media to promote a product or service, he makes it clear that such promotion is a paid promotion, including but not limited to all content forms (e.g. stories, reels, posts, collaborations) on all media where he is promoting any product or service including his "own brand" products and services, which may be achieved by using clear and appropriate disclosure labels such as 'Ad' or '#Ad'. 

A similar direction was also made to Jackson, who was also directed to remedy the past contraventions. 

Both will be the subject of further inspect by the CCPC to ensure adherence to the compliance directions. 

What powers does the CCPC have in cases of non-compliance with its notices? 

The CCPC has a range of strong enforcement tools that allow it to ensure traders comply with consumer protection law. If compliance notices are ignored without appeal, non‑compliance becomes a criminal offence. The CCPC can also bring prosecutions that lead to significant fines and, in some cases, imprisonment, with additional daily penalties where unlawful conduct continues. It may also secure binding written undertakings from traders to comply with the law, stop certain conduct, compensate consumers, or publish corrective statements. Where immediate intervention is necessary, the CCPC can apply to the courts for prohibition orders to halt unlawful practices. In more serious cases, the CCPC may ask the court to require the trader to publish corrective statements outlining the facts. 

CCPC's Track Record on Influencer Marketing

The CCPC must maintain a consumer protection list including persons who have been fined or penalised, persons subject to prohibition orders, persons who have given undertakings, persons against whom compliance notices have taken effect, and those who paid fixed payment notices. This public register ensures transparency in enforcement actions and serves as a deterrent to non-compliance.

This is not the first time the CCPC has tackled social media marketing, in December 2024, a similar notice was issued to Brian O’Driscoll for failing to disclose the commercial nature of the content he had published. 

The McGregor and Jackson enforcement actions represent a continuation of heightened scrutiny of influencer marketing, sending a clear message that consumer protection laws apply equally to all traders, regardless of their celebrity status or follower count.