Former Ireland rugby captain Brian O'Driscoll was served a compliance notice by the Competition and Consumer Protection Commission (CCPC) in December after being found to have engaged in "misleading" commercial practices on Instagram.

O'Driscoll was judged to have failed to use appropriate labels when promoting Zerofit Europe apparel following a CCPC inspection of his Instagram account, which has 370,000 followers.

The regulator served the ex-Leinster centre with a compliance notice in order for him to adhere to the Consumer Protection Act 2007 when advertising on the social media platform.

Under section 55(1)(q) of the legislation, it is prohibited to promote a product in exchange for payment without making it clear to the audience in the content itself or in any oral, written, visual or descriptive representation in the promotion.

The order relates to a post promoting a Zerofit product that O'Driscoll posted on his Instagram story last April.

He tagged @zerofiteurope in the post but did not identify it as an advert.

In a letter sent to his address in Rathmines, a CCPC agent said O'Driscoll had engaged in a "prohibited commercial practice" by not making clear that editorial content posted on social media was made clear to be a paid promotion.

"I am of the opinion that you, Brian O'Driscoll, engaged in the prohibited act or practice ... by failing to disclose that products relating to Zerofit Europe Limited promoted on your Instagram account @brianodriscoll were promoted in a paid capacity, and without using appropriate disclosure labels such as 'Ad', '#ad', etc.

"We suggest that you familiarise yourself with the CCPC & ASAI guidance on influencer advertising and marketing, which provides useful information regarding disclosure language, and the scenarios when indications should be made apparent to consumers.

"You, Brian O'Driscoll, a trader, are hereby directed to ensure that, in all instances where a trader has paid you to use editorial content in the media to promote a product or service, you make it clear that such promotion is a paid promotion."

O'Driscoll had 14 days to appeal the compliance notice in the District Court after receiving the letter in November.

Recipients of compliance notices who do not comply can be fined up to €5,000 and face imprisonment.

The details of O'Driscoll's breach were published as part of the CCPC's 2024 Consumer Protection List, which outlines the organisation's enforcement activities for the year.

"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," said Brian McHugh, chair of the CCPC.

"Our research shows that almost a quarter of consumers who purchased a product as a result of an influencer promoting it subsequently felt misled.

"We will continue to conduct regular unannounced inspections and would remind influencers that they need to follow the law or potentially face legal consequences."

In 2024, the CCPC prosecuted five traders in court, including Tesco and Homebase, served 23 compliance notices, and served 47 fixed payment notices to firms such as Aldi, Brown Thomas, Currys, Dunnes Stores, Londis, and Spar.

Photo: Brian O'Driscoll, former Irish rugby player, giving TV analysis on the sideline during the Ireland v France, Six Nations rugby union match at Aviva Stadium on March 8th, 2025, in Dublin, Ireland. (Photo by Tim Clayton/Corbis via Getty Images)