A Danish business' collaboration with a world star is indicative of a breach of marketing laws.

A Danish company's collaboration with international star 'suggests' violation of marketing law

The company has not commented on the criticism, while Lily Collins has not responded to DR News' inquiry.

A collaboration between Lily Collins and the Danish lighting company Louis Poulsen is facing criticism from both a professor and a consumer organization. (Photo: Mohammed Badra/EPA/Ritzau Scanpix) Today at 11:29 am

The light often falls right on Emily in Paris star Lily Collins' Instagram.

On September 25, light came from a series of lamps from the Danish lighting manufacturer Louis Poulsen.

Collins posted several pictures, where she stands in Louis Poulsen's showroom - in one of them, she holds a tray full of lamps.

> It's not any marketing marking, and it looks like hidden marketing

> Jan Trzaskowski, Aalborg University

"Lost in a world of light at Louis Poulsen (...) We fell in love completely with the brand's history and showroom," reads something from the caption.

The pictures and a video have also been shared on Louis Poulsen's Instagram.

However, both places are missing something.

Namely, the marketing marking, which, according to Danish marketing law, should ensure that consumers do not mistakenly believe that an influencer or celebrity uses or endorses specific products for their own eyes' sake.

The interpretation of the law was significantly tightened by the Consumer Ombudsman last week (https://www.dr.dk/news/money/expert-influencers-are-not-just-private-people-who-do-a-little-advertising).

You may also read: Influencers are deeply confused about new guidelines: Everyone is unsure of what they can (https://www.dr.dk/news/indland/influencers-are-deeply-confused-about-new-guidelines-everyone-is-unsure-of-what-they-can)

Therefore, it appears that Louis Poulsen is violating the marketing law when they use Lily Collins to advertise their products.

That's what professor of marketing law at Aalborg University Jan Trzaskowski says.

- It's not any marketing marking, and it looks like hidden marketing, he assesses.

The Consumer Ombudsman has repeatedly emphasized to Danish influencers and the companies that use them that advertising posts should be clearly marked - usually with "ad."

The British-American star has nearly 30 million followers on Instagram from all over the world. But it doesn't play a significant role in determining whether Louis Poulsen has violated the marketing law, says Jan Trzaskowski.

- What matters is whether the marketing is directed at and has an effect on the Danish market. And Louis Poulsen is, after all, a Danish company.

- What Louis Poulsen should have done was to ensure that Lily Collins ensured that the advertising tag was included, so it was within the framework of Danish legislation.

Can Lily Collins also be held responsible in the end?

- Both can be held responsible under Danish law, because a significant part of the marketing is directed at the Danish market. But it's more likely that one will go after Louis Poulsen if one wants to go after someone, says Jan Trzaskowski.

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Consumer Council: Suggests violation

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The Consumer Council Tænk has long had its sights set on violations of marketing law on social media. The organization complained to the Consumer Ombudsman about a series of influencers last November.

A complaint that led to several police reports last week.

According to Marie Frank-Nielsen, who is a consumer lawyer at Tænk, there is also a lot that suggests that Louis Poulsen's campaign has committed another violation of marketing law because there is no advertising marking.

- There is a lot that suggests they are violating marketing law's regulations on hidden advertising, she says.

Lily Collins and her husband, Charlie McDowell, have fallen in love with Denmark. The couple owns two houses in The Long Straw in Copenhagen. (Photo: Kena Betancur, Ritzau Scanpix)

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Consumer Council: Irrespective of payment

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Louis Poulsen has not commented on some of DR's questions. Nor has they confirmed whether they have initiated a commercial collaboration with Lily Collins.

Lily Collins and her press contact have not responded to DR's inquiry.

But according to Marie Frank-Nielsen, it is not significant whether there was a payment.

- The Consumer Ombudsman has emphasized that if something has a marketing value for a company, it must be marked as advertising.

She also assesses, along with Jan Trzaskowski, that both Louis Poulsen and Lily Collins can be held responsible.

- Marketing law applies when marketing is directed at Danish consumers. Lily Collins has a lot of followers. Given that, she could arguably be held responsible, she says.

- But it's a judgment that the Consumer Ombudsman or, in the end, the courts must make, she says.

If a lot suggests that Louis Poulsen has violated marketing law, will you report the company to the Consumer Ombudsman?

- It's not something we usually report to the Consumer Ombudsman, but if this turns out to be part of a larger trend and a deliberate strategy from the company's side, it's something we could consider reporting to the Consumer Ombudsman, she says.

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