A complaint about charity donations by influencer Simone Anderson will not be investigated by the Commerce Commission.

And two other complaints to the Advertising Standards Authority about Anderson's claims she donated all proceeds of sales on her secondhand clothing Facebook page to charity, will not be considered by the authority.

Earlier this month four complaints about separate Instagram posts by the 29-year-old were upheld by the authority's complaints board, in the first decision of its kind in New Zealand against a social media influencer.

The decision found Anderson had posted advertising on her Instagram page without clearly identifying it, or the commercial links she has with gifters.

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The case also prompted the Advertising Standards Authority [ASA] to issue guidelines on influencer advertising, which it is now calling for submissions on.

However two complaints to the ASA about Anderson's charity donations did not fall under its jurisdiction, chief executive Hilary Souter said.

The two complainants had been referred to the Commerce Commission, Souter said.

Stolen Girlfriends Club's Marc Moore said he would accept the sale of this $109 T-shirt, gifted to Simone Anderson, for $50 on her secondhand page if the money was going to charity. Photo / Supplied
Stolen Girlfriends Club's Marc Moore said he would accept the sale of this $109 T-shirt, gifted to Simone Anderson, for $50 on her secondhand page if the money was going to charity. Photo / Supplied

The Commerce Commission was already assessing one complaint about Anderson made on May 30 relating to representation about donations to charity.

That complaint, released to the Herald under the Official Information Act, raised concerns around "selling gifted clothing and accessories to NZ public via Facebook and claiming to donate money received to charity. Evidence of donations not transparent. Concerns around tax evasion, false advertising, misleading the public, etc".

A spokesman said the Commission had received no other complaints and had now decided not to investigate the one lodged in May.

"We have now assessed the complaint and will not be investigating it. We have not received any further complaints about Simone Anderson."

When asked why it would not investigate a Commerce Commission spokesman said: "One charity has confirmed it received some funds, and we do not consider there is ongoing conduct to investigate".

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Anderson, who has 313,000 followers on Instagram, rose to fame in 2015 after she lost 92kg and blogged about it.

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Fashion labels, retailers and hotels gave her free product to showcase to her followers, which she onsold for cut-down prices on the private Facebook page with more than 10,000 members.

After the Herald revealed the complaint against Anderson to the ASA in early June, she made the Simone's Second Hand Wardrobe page unsearchable and suspended a Trade Me account, where she also sold gifted items.

Anderson, through the talent agency that represents her, previously said she could not comment on the allegations while the complaints were ongoing.

But in early July she released a statement through Outspoken by Odd, denying the allegations she had not made donations to charity.

Influencer Simone Anderson was accused of not donating to charity money she earned from selling gifted clothing and accessories online. Photo / Supplied
Influencer Simone Anderson was accused of not donating to charity money she earned from selling gifted clothing and accessories online. Photo / Supplied

She said she had made donations to Women's Refuge and other charities and had receipts from those donations.

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"Last week, the communications manager for Women's Refuge made a statement to the press that no donations had been received from Simone Anderson," the statement said.

"This discrepancy was made due to the fact that all charitable donations I make are under my legal name of Pretscherer; which is the name on my birth certificate, passport and bank account.

"I have made donations to Women's Refuge, among other charities, and have receipts."

The Herald has asked Anderson through Outspoken for comment on the Commerce Commission decision.

Meanwhile Anderson took legal action against two other influencers, Pebbles Hooper and Makaia Carr, under the Harmful Digital Communications Act.

The Herald understands Anderson secured a court injunction that prevents the pair making public comment about her.

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