Brian O’Driscoll among influencers served with compliance notices for online posts
Brian O'Driscoll was served with a compliance notice by the CCPC. Picture: Ramsey Cardy/Sportsfile
Two prominent figures were recently served with compliance notices for failing to use the correct labels to disclose the commercial nature of their online content.
The Competition and Consumer Protection Commission (CCPC) has several investigations ongoing in relation to influencers, including former professional rugby player Brian O’Driscoll and fitness coach Caroline O’Mahony, who were served with the notices when it was found that posts on their accounts continued to breach consumer law.
It comes as the CCPC this week published its annual Consumer Protection List (CPL) 2024, detailing its consumer protection enforcement activities.
The list includes traders from a wide range of sectors including supermarket chains, department stores, pub, bars and restaurants, vehicle retail, and, for the first time, actions taken against influencers who failed to disclose the commercial nature of their social media posts.
In October 2023, the CCPC, alongside the Advertising Standards Authority, published guidance on influencer advertising and marketing.
In April 2024, the CCPC wrote to 26 influencers in Ireland across a range of sectors and reminded them of their obligations under consumer protection law in relation to labelling of content. Both O’Driscoll and O’Mahony were later served with compliance notices.
The CCPC said it has several investigations ongoing in relation to influencers and that further outcomes are expected this year.
Chairperson of the CCPC Brian McHugh outlined the importance of using the correct labelling to disclose the commercial nature of online content.
“Influencer marketing on social media can significantly shape consumers’ opinions and purchasing behaviours, so it’s important that when a consumer sees commercial content on social media, they can instantly recognise it for what it is,” he said.
“We will continue to conduct regular unannounced inspections and would remind influencers that they need to follow the law or potentially face legal consequences.”
The CCPC’s annual Consumer Protection List (CPL) 2024 also found that five traders were prosecuted in court, including Tesco and Homesavers; 23 compliance notices were served on traders, including three to influencers; and 47 fixed payment notices were served on traders, including Aldi, Brown Thomas, Currys, Dunnes Stores, Londis, and Spar.
The cause of the fines ranged from traders misleading consumers by displaying the incorrect selling price of goods to failing to indicate the selling price of goods entirely.
The enforcement outcomes outlined in the CPL came from 205 consumer protection inspections in 2024 - up from 183 in 2023, an increase of 12%. This included 164 in-store inspections, 41 online inspections and 21 vehicle trader inspections.
Earlier this month the CCPC conducted 58 unannounced inspections across seven counties including Cavan, Dublin, Galway, Leitrim, Mayo, Monaghan and Roscommon.
McHugh said enforcement officers have been “hard at work” to ensure businesses are following the law and that consumers can shop with confidence, knowing they are getting what they paid for.
“We took five successful prosecutions under consumer protection law in 2024, a further three traders pleaded guilty in court in February 2025, and there are more cases on the way,” McHugh said.
