Right, going to come off this thread now as think my time would be better spent making a complaint to Advertising Standards, so I'm off to do that in relation to Martinhal holidays, washing machines etc. As a consumer, I want to continue to push for more transparency and honesty from MOD/FOD et al. And I encourage anyone else who is fed up of being misled to consider doing the same.
Not a lawyer, but it appears the CAP code is applicable to instagram accounts. The CAP code states at clause 2.1 that "marketing communications must be obviously identified as such". Clause 2.3 then states that "marketing communications must not falsely claim that the marketer is acting as a consumer... marketing communications must make clear their commercial intent, if that is not obvious from the context".
The 'Marketing arrangements' definition appears to include freebies and not just products that account holders have been paid to advertise. Receiving free or discounted goods would appear to count as 'payment' under the CAP code.
The CAP code is overseen by the Advertising Standards Agency, so it's the ASA we should be complaining to I think.
It would appear that many of these insta accounts may well be in breach of the Code, and it's not as gray an area as many of us first thought? Would be interested to hear from someone legally qualified though.