Misleading omissions of loot box presence disclosures: widespread unfair commercial practices in video game advertising on social media in Ireland and the EU

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Authors: Nicole Khoo, Leon Y. Xiao
Cited by: 0

Abstract

Loot boxes, gacha, and other gambling-like in-game purchases offer random rewards for money and may cause consumer harm, especially to children. Interpreting and strictly enforcing pre-existing consumer law to require companies to disclose loot box presence in all advertising may address some concerns. The European Commission requires such disclosures in the EU, including Ireland. However, in practice, this rule is not complied with nor enforced. Only 2.4% of Irish social media ads for popular games containing loot boxes were compliant with EU consumer law: 88.6% failed to disclose at all, and 9.0% disclosed without sufficient visual prominence. We thus discredit the industry narrative that only a small minority of bad actors are harming EU consumers. Contrarily, leading companies hide important information from consumers. Policymakers should cautiously approach the forthcoming Digital Fairness Act: (i) properly enforcing pre-existing law could already achieve some proposed aims, and (ii) its enforcement is unlikely to be effective.

Fields of Study & Subjects

Gambling Behavior and Treatments Privacy Security and Data Protection Digital Games and Media

Publication details

Journal / source
Information & Communications Technology Law
Publisher
Informa UK Limited
Pages
1–15
Publication date
30 August 2026
Language
EN