The Advertising Standards Authority (ASA) has dismissed a complaint lodged against Midnite regarding an ad featuring an online content creator on TikTok who was deemed not to appeal to children.
The complainant alleged an ad, which was posted by influencer Mia Mon and seen by their 13-year-old son on TikTok, was likely to have strong appeal to those under the age of 18.
The complaint centred around Mon’s appeal to under-18s and whether her inclusion in the post meant Midnite had breached the CAP Code.
The ad, seen by the complainant on 7 January 2026, featured Mia Mon videoing herself getting ready for a night in.
On the video, the caption stated “pov: it’s Friday night and you’re in ur [sic] cosy girl games era”. The text at the bottom of the post read “#ad… Paid partnership”.
After getting ready and laying out dinner, Mon proceeded to open her Midnite app and stream a lottery draw game on her TV.
The response
Midnite informed the ASA it had done its due diligence regarding Mon and any potential appeal she may have held to under-18s.
The challenger brand explained Mon posts predominantly lifestyle-related content pertaining to everyday routines, personal experiences and travel.
The 27-year-old’s content also consists of creator-led entertainment, as well as commercial collaborations with mainstream consumer brands.
Midnite further argued that Mon’s appearances on unscripted YouTube cooking show Fed Up, as well as her collaborations with brands such as San Miguel and Royal Caribbean Cruises, indicated that her content was aimed at more of an adult audience than a youth-centric one.
Viewing figures from Fed Up supported the claim, with roughly 92% of the show’s viewers being aged 18 years or over, with 43% of viewers falling within the 25-34 age demographic.
Although Mon had previously live-streamed herself playing video games on Twitch, Midnite maintained her broadcasts were infrequent and highlighted she hasn’t used the platform since November 2024.
Analysis of Mon’s Instagram and TikTok accounts showed 90% of her audience on both platforms were aged 18 or over, with the clear majority aged between 18 and 34.
Midnite’s due diligence research showed the number of followers aged 18 or below across Mon’s platforms totalled less than 56,644, with the ASA’s minimum threshold for what would be considered strong appeal to under-18s sitting at 100,000.
The operator also pointed out the ad itself didn’t contain any elements that would be likely to appeal to children and just reflected “ordinary adult domestic life”.
The ASA decided not to uphold the complaint against Midnite after assessing the evidence presented.
An ASA statement read: “We understood that Mia was a 27-year-old online content creator and that the content she posted centred around travel, hospitality, food, everyday lifestyle, brand partnerships and attending media and industry events.
“We considered those subjects were more adult-focused than youth-focused and they were unlikely to be of significant interest to under-18s.
“We understood from the information provided by Midnite that Mia Mon was only active on TikTok and Instagram and that she had 409,100 followers on TikTok and 193,000 followers on Instagram. The breakdown provided by Midnite showed 9.6% of her TikTok followers were registered as being under the age of 18 (39,274 followers) and 9% of her Instagram followers (17,370 followers).
“Her total under-18 followers across both platforms was therefore 56,644, which was significantly below the 100,000 rule of thumb figure for indicating strong appeal.
“We therefore considered that Mia Mon’s social media profile was unlikely to indicate that she was of strong appeal to under-18s.”
In November, Midnite was reprimanded by the ASA over a social media post which included a video of former Tottemham Hospur captain Son Heung-Min, who was deemed to be at high risk of appealing to under-18s.
The advertising regulator also dismissed a complaint against Betway last month over an Instagram post featuring Arsenal legend Thierry Henry.
The post ASA dismisses complaint against Midnite over TikTok ad first appeared on EGR Intel.
Advertising watchdog finds the subject of the challenger brand’s advert, Mia Mon, is unlikely to appeal to under-18s
The post ASA dismisses complaint against Midnite over TikTok ad first appeared on EGR Intel.