Marnie Simpson rose to fame in 2013 with appearances in TV show, Geordie Shore. She also appeared on Celebrity Big Brother and her social media following on Instagram, Twitter and Facebook stands at about five and a half million.
She is clearly astute, can leverage social networking effectively and is well-advised and managed by Craig Johnson-Pass, director of Unleashed Management. As well as a ‘TV personality’, Simpson describes herself as a ‘business owner’.
According to Companies House, ispyeyes.com limited was incorporated in December 2017 with Simpson listed as the director. In May 2018, Johnson-Pass was listed as a director, along with Emma Hadley, who is also a director of Unleashed Management.
ispyeyes.com sells eyelash extensions and zero-powered cosmetic contact lenses online – something Simpson promoted intensively on social media.
It was this promotion that caught the attention of the Adver-tising Standards Authority (ASA).
The ASA received a complaint from a party that understood that zero-powered contact lenses can only be supplied under the supervision of a registered optometrist, dispensing optician or medical practitioner.
The complainant alleged the ads were misleading as they implied the products could be legally sold in the UK.
Examples of posts included: ‘Omg I’m so excited for Halloween this year! Ive [sic] got some amazing ideas!! Make sure to follow iSpyEyes for all the latest updates on new style [sic] of lenses available!’
Another stated: ‘The hottest fires burn blue, and her eyes are no different … Lenses | my range @ispyeyes …’
Response
In documents provided to the ASA in response to the allegation, ispyeyes.com said it believed coloured contact lenses were not classified as an optical appliance in the UK and could therefore be sold across the UK and EU without the supervision of an eye care practitioner.
In support of this position the company provided legal advice received in 2010 which stated that the advertiser’s products were not covered by the Opticians Act 1989 because they were not designed to correct, remedy or relieve a defect of sight, and were therefore not an ‘optical appliance.’
Optician asked Johnson-Pass and Unleashed Management how a company founded in 2017 could present the ASA with legal advice it had received in 2010, but the company declined to comment.
The company also submitted an undated factsheet from a company called Mesmereyez, a wholesaler of zero-powered coloured contact lenses. This document included reference to the Opticians Act (Amendment) Order 2005 which suggested that non-corrective contact lenses did not need to be sold under the supervision of an eye care practitioner because they were not ‘optical appliances’.
Through her solicitors, Simpson highlighted parts of the ispyeyes.com website that encouraged customers to visit an optician before purchase and safety information on the website and a demonstration video featuring Simpson herself.
It was also argued that Simpson’s social media posts were not directed to those in the UK but her fan base in general, adding that Geordie Shore was broadcast in several countries.
Ruling
The complaint was upheld and the adverts were in breach of codes on legality, misleading advertising and harm and offence. The adverts must not appear again in the form used at the time of the complaint. Both ispyeyes.com and Simpson were told not to encourage unsafe practice or to imply they could legally sell zero powered contact lenses in the UK.
During the case, the ASA consulted the General Optical Council (GOC) and referenced the Eyecare Trust for the position on zero-powered contact lenses and the Opticians Act. Contradicting the belief of ispyeyes.com, the ASA said the cosmetic lenses were covered by the Act. ‘Zero-powered contact lenses were referred to explicitly in the legislation,’ said the regulator.
It added: ‘We had not seen any evidence that the lenses were being sold by, or under the personal supervision of, a registered optometrist, registered dispensing optician or registered medical practitioner.
‘It was therefore illegal for them to be sold from the website ispyeyes.com to consumers in the UK.’
While it accepted that Simpson had a global fanbase, the ASA said the majority of her Facebook fans were based in the UK and the site was ‘clearly tailored’ to UK consumers, with prices in pounds sterling and shipping options included next day UK delivery. ‘We therefore considered that the posts were ads directed at UK consumers,’ said the regulator.
Claims that safety information and recommendations were displayed were swiftly batted away by the regulator: ‘That information was only given if the consumer clicked on the relevant part of the FAQs, and it was irrelevant to the question of whether the lenses were being sold by or under the supervision of an appropriate person, in accordance with the Act,’ said the ASA’s ruling.
A statement released through her management agency said Simpson took the complaints raised seriously and would address the ruling in the proper way.
Reaction
The GOC said it welcomed the ASA’s decision to take action against the adverts. Dionne Spence, GOC director of casework and resolutions, said: ‘We helped them on the case and we are currently exploring further ways of working with the ASA to help tackle illegal online sales. It is vital that we work with partner organisations in respect of illegal sales and we also continue to work with Trading Standards and the optical professional bodies.’
In a patient-focused response, Dr Susan Blakeney, clinical adviser to the College of Optometrists also backed the ruling: ‘Modern contact lenses are very safe, but it is important to ensure that they are properly fitted to your eyes, and assessed as being suitable for you by a qualified practitioner.’
Ramifications
The Council also highlighted the issue it is most hamstrung by – lack of jurisdiction over non-UK based sites: ‘Although the website in question was based in the British Virgin Islands, the ASA considered that the adverts were directed at UK customers,’ said the GOC.
ispyeyes.com’s distribution and returns addresses provided are both based in the UK – at an address in Ditton, Kent. The same address is listed for the agency that represents Simpson, Unleashed Talent Management, which employs a warehouse manager responsible for ‘goods in and out’ as well as ‘sales levels and stock reporting’ for its ‘house brands’. On Twitter, ispyeyes.com lists its location as ‘England, United Kingdom’.
The company did not respond to Optician’s request for clarification.
As Optician went to press, the ispyeyes.com site was still selling zero powered contact lenses, as well as contact lens solutions and accessories. However, Companies House records show the company is now listed as dissolved.