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Having watched most of the video, I like the bit best where Lee Anderson says "The guys at Victory who are at least British"...
Bush is not my surname either. But why is that?
It's a plan to discredit them both along with, and I found this out by looking at Companies House, the band from which they took their name.
It would be helpful if KDH actually spelled out what laws/codes he thinks are broken here. Personally, I don't see a legal issue with Lee owning a brand and selling it his shop - declared or undeclared. Shops like ASDA, Argos, other companies beginning with an A, etc, own a bunch of smaller brands that they don't openly state as owned by them. I've had KDH's video on in the background, so maybe I missed it, but I'm not sure if he pointed this out as completely okay and not the issue.
Where Lee does actually potentially fall foul of the law is under the CAP code - a part of consumer protection law which would fall under the Competition and Markets Authority and Trading Standards. This is purely based on his presence on social media (which would include YouTube) - with the key issue being "non-broadcast advertising". The irony of Lee's signature Chapman Guitar being the CAP10, and Lee now potentially breaching the CAP code, is not lost on me.
The CAP code directly relates to non-broadcast advertisements among other things, with a particular slant on influencers or other online personalities. It lists a bunch of stuff that it applies to, including this: advertorials. This is broadly defined as an advertisement that is written or produced to look like editorial content...rather than an advert...hence the portmanteau. These are absolutely fine as a concept - not remotely illegal - but when it is done online by an influencer/online personality on social media, the law states any financial connection must be clearly declared.
The CAP code gives its own definition, which I think actually confuses this situation a bit lol. An advertorial is an advertisement feature, announcement or promotion, the content of which is controlled by the marketer, not the publisher, that is disseminated in exchange for a payment or other reciprocal arrangement. How this definition strictly applies probably hinges on whether Lee would be considered the publisher - or whether Andertons the store is the publisher - of the YouTube content. Just because he owns the shop, doesn't mean he is necessarily the publisher. In this situation, as he is a partner of Victory Amplifiers, I would say he qualifies as the marketer.
Note that the definition from the CAP code states: "advertisement feature, announcement or promotion". Even if Andertons' videos are not openly advertising Victory Amps, they do announce new models, and do "promote" them - under most interpretations of promote.
To get to the main point, because Lee has never openly declared this in any of the videos (or social media posts, to my knowledge) and would easily qualify as an influencer, there is a chance he has breached the CAP code. For those who still find the term influencer to be completely mystifying and pointless, in this context the ASA actually define it for us (thanks ASA): any human, animal or virtually produced persona that is active on any online social media platform, such as Facebook, Instagram, Snapchat, TikTok, Twitch, YouTube, and others.
There are many cases of this happening, and most of them happen accidentally (as it is a civil law matter, there isn't really much requirement if any for motive). At 21:48, KDH posts a screenshot of a gov.uk page which highlights the Molly Mae Hague matter, which is very similar in its bare facts to the Andertons case. There are countless others.
Whether anything will happen to Lee - probably not. I'm not sure of the penalty for this breach of the code, maybe a £1000 summary judgement or something, and a lesson learned.
Apologies for the essay, I've tried to keep it all relevant!
My view: Lee didn't do anything intentionally nefarious and probably was not aware of these laws actually applying to him. KDH hasn't said anything incorrect or defamatory, and is free to post the content he wants as long as it remains correct and does not defame.
My band, Red For Dissent
https://www.youtube.com/watch?v=1NjS6efPDw4&list=RDEMrDGaTpMvhVaszh61XgTETw&start_radio=1
My band, Red For Dissent
• Youtube - https://www.youtube.com/@Goldeneraguitars
However that video has some interesting comments from 6 months ago confirming he's an investor in Victory, so once again it's old news, nothing to see here, move along etc. etc. .
My head said brake, but my heart cried never.