• Marketing content that pressures children to purchase products raises serious concerns for the President of UOKiK.
• UOKiK is currently examining the social media market for aggressive advertising aimed at children.
• Investigations include the activities of popular influencers known as Wojan and Palion.

The President of UOKiK continuously monitors social media for advertising content that is not clearly identifiable as such. He is also focusing on another area – aggressive advertising directed at children. Including a direct call in an advertisement for children to purchase products, or to persuade adults to do so, constitutes a prohibited market practice. The President of UOKiK has initiated two preliminary investigations into the activities of influencers popular with younger audiences. This is an initial stage of action – in these cases, not against specific entities.

“Buy while they're still available...”

Social media allows individuals to quickly gain popularity among various audiences. Those who succeed often expand their activities to include advertising collaborations or creating products under their own brand. This is also the case with influencers known as Wojan and Palion. Both run a YouTube channel and an Instagram account, which largely focus on computer games – particularly Minecraft, which is popular with children – and other entertainment content. Among other activities, they run streams, i.e., live broadcasts while gaming, in which they comment on what is happening on the screen. In their broadcasts, they address their audience directly, most of whom are early school-age children. UOKiK will check whether, during the broadcasts, the influencers pressure their audience to purchase products such as drinks, school supplies, gadgets, or clothing.

• “Head to Żabka stores while these Wojanki are still available”,
• “It's worth stocking up, because they’ll be hard to get later”,
• “Go there and buy yourself some school boxes from Palion”,
• “Look at this beautiful mug you can order; it’s magical (…) you can order everything at PalionStyle”,
• “My dear friends, there are many cool characters around me. Do you want some? I know you do. They are very cuddly and bring good luck. Visit PalionStyle and buy some”,
• “Be sure to visit WojanShop, because it’s the last chance to start the new year with the perfect school supplies”.

This form of marketing communication may constitute a direct call for children to purchase products. The situation is exacerbated by creating an atmosphere of urgency, limited availability, or by attributing false properties to products. The President of UOKiK intends to verify whether such messages constitute aggressive market practices and violate the collective interests of consumers.

– Influencers must remember that advertising aimed at children in Poland is subject to strict legal regulations to protect the youngest consumers. It is prohibited to directly encourage children to buy products or to encourage them to persuade adults to do so. Young consumers do not yet possess fully developed critical assessment skills when it comes to marketing content. They are often unable to distinguish between advertising and ordinary publications. This is particularly concerning because direct, aggressive commercial messages may unfairly exploit children’s trust. They may also distort reality and exert pressure, thereby negatively affecting children’s development – says Tomasz Chróstny, the President of UOKiK.

Prohibited advertising

The purpose of every advertisement and marketing message is to persuade consumers to purchase a product or service, or to build brand recognition. In Poland, it is possible to advertise products and services intended for children. However, marketing messages are considered prohibited if they meet all three of the following conditions: they are aimed at children, they directly encourage children to purchase goods or services, and they are direct in nature. There must be an element of reinforced persuasion that strongly encourages children to purchase the product. This may take the form of an imperative call or a very strong suggestion. It is different if a product is merely presented – showing its features, recommending it, or presenting an image of satisfied users. Such content constitutes indirect influence and does not directly persuade the consumer to purchase the product. Similarly, actions that encourage adults to purchase products for children do not violate the regulations.

Preliminary investigations into advertising aimed at children may result in charges being brought against entities operating under the Wojan and Palion brands, which may face penalties of up to 10% of their turnover.

Report aggressive advertising

The President of UOKiK monitors social media and collects reports concerning both the improper labelling of commercial communications and advertisements that directly encourage children to make purchases. Aggressive advertising aimed at children can be reported to the Office of Competition and Consumer Protection. Send your report, including a description, links, photos, or screenshots, to the following e-mail address: uokik@uokik.gov.pl.

Influencers, take note!

Young audiences are increasingly following social media, and influencers are becoming both sources of information and role models for them. Every online creator who targets children with their content should do so legally and responsibly. The priority should be to ensure transparency in communication and the safety of children. Therefore:

• Do not persuade children to make purchases or encourage them to persuade adults to do so.
• Do not mislead children or exploit their trust.
• Clearly label advertising messages in a way that is understandable to children, e.g. “Advertisement”, “Sponsored content”, or “Advertising collaboration”. For guidance, see the Recommendations of the President of UOKiK.
• Ensure your content does not manipulate, promote harmful behaviour, or depict dangerous situations.
• Do not undermine the authority of parents or guardians with your content.
• Messages aimed at children should not be accompanied by advertisements for foods or beverages with ingredients that are not recommended in excess, e.g. excessively sweet or fatty products.