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ASA Rulings Round Ups

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The Advertising Standards Authority (ASA) may not be a statutory regulator but its scrutiny of UK advertising impacts businesses of all sizes. In this hub, every week, we outline key rulings and lessons to takeaway.   

Nearly every business relies on their marketing and andvertising activities to drive growth. Yet, with regulatory change spreading across all sectors, tech innovations regularly inventing new ones and the Competition and Markets Authority (CMA) and ASA becoming increasingly proactive, staying within the lines of the Ad Codes and regulatory obligations becomes increasingly challenging. 

Whilst the principles behind the rules are often straightforward, the devil is in the interpretation and knowing how the ASA will view a claim or perceive content is an intrinsic part of brand protection.

So as the ESG agenda continues to rise and ASA activity on green claims increases, keeping up to date is more vital than ever. Recent cases also show that environmental claims can be investigated in the context of companies' general activities not just the ad itself.  

Additionally, influencers and celebrity endorsesments keep up a steady stream of rulings on a theme of transparency. 

Classic conundrums (such as making engaging health claims about food, whilst remaining compliant) aren't going away. Each week brings fresh rulings covering everything from evidence based claims, to appropriate targeting, to advertising restricted products and staying socially responsible.
Sustainability in focus
To guide you through this ever-changing landscape, we're monitoring the horizon so that you can make best of your sustainability endeavours.
   
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To guide you through this ever-changing landscape, we're monitoring the horizon so that you can minimise risk whilst staying compliant with your advertising strategy: 

Read our expert summary of the latest legislation

ASA rulings round up

November 2024

 
November 2024

This issue covers non-technical elements of financial promotions, judging criteria, implied endorsement of irresponsible behaviour and more. 

October 2024

 
October 2024

This issue covers cash-back loyalty programmes, using significant terms in promotions marketing, influencers using affiliate links, and more. 

This issue covers closing down claims, images matching the product shown, offering products and services as "free", and more. 

September 2024

 
September 2024

Our Consumer Regulatory team have reviewed some key ASA cases from the last fortnight. Read more about the outcomes in this latest round-up and find out how to mitigate associated risks

This issue covers ensuring claims are correct for the product classification, holding evidence for all claims, use of animation and more. 

August 2024

 
August 2024

This issue covers ensuring commercial relationships are clear, use of animation in ads, savings claims and more. 

July 2024

 
July 2024

This issue covers adverts that promote green claims, that claims can be deemed comparative even when not comparing specific products and more. 

This issue covers the aspects of indirect promotion of nicotine containing e-cigarettes, food supplements making medicinal claims social media trends and more

June 2024

 
June 2024

This issue covers clearly telling your audience if your video includes an advertisement, ensuring alcohol ads aren't particularly appealing to under 18s, targeting ads appropriately and more

This issue covers whether or not emotional response will be accepted by the ASA, terms and conditions being included for on pack promotions, advertising on nicotine containing e-cigarettes being restricted and more.

May 2024

 
May 2024

This issue covers using phrases such as "established since", how ads need to be identifiable, direct mailings must reveal commercial intent, how hangovers could be interpreted as a medical condition and more.  

This issue covers ads for nicotine containing e-cigarettes, advertising medical claims, how documentation intending to be substantiation must relate to the claim and more. 

April 2024

 
April 2024

This issue covers the advertising of prescription only medicines, the use of implied medical claims, why you should not rely on "subject to availability" and more.

This issue covers how the product being advertised must be available to buy, game ads must reflect the playing experience, the importance of influencers complying with the codes and more. 

March 2024

 
March 2024

This issue covers the existence of "loot boxes", RRP prices being genuine, whether or not ads for age restricted products should be appealing to children, how companies can use the phrase "fully recyclable" and more. 

This issue covers the rules on media profiles of sports people when considering their appeal, looking at price claims through the eyes of your competitors, making claims appropriate to the product's classification and/or licence held, and more.

February 2024

 
February 2024

This issue covers the rules on how to advertise alcohol responsibility, nuances in advertising zero emissions cars, referencing medical conditions appropriately, responsible loan advertising, and more.

This issue covers the rules on evidence matching the claim for a radio ad, zero emissions claims for automotive and vehicle companies, and more. 

January 2024

 
January 2024

This issue covers the rules on terms and conditions of promotions, subscription traps, misleading PPI ads, energy saving claims, and alternative medicines discouraging essential medical treatment for serious conditions. 

This issue covers the rules on making sure to cast actors appropriately for ads, double check your claimed savings calculations, do not promote illegal activity, and undertake diligence on images provided by a supplier.

This issue covers the rules on gambling advertisements, sales promotions and the importance of ensuring you know your commercial relationships.

December 2023

 
December 2023

This issue covers the rules on making carbon claims, alluding to expletives, ensuring the evidence matches the claim, health claims about tanning beds, and more.

This issue covers the rules on environmental claims, people using affiliate links, checking what terms in customer guarantee policy might need to be included in the ad and more.

November 2023

 
November 2023

This issue covers the rules on the perceived environmental impact of ads, promoting horror films or events on outdoor posters, using actors to depict genuine customers, health food claims, and more.

This issue covers the rules on sensitive issues in adverts, AI looking for ads that appeal to under 18s, prescription-only medicines being promoted to the public, unlicensed e-cigarette product promotions and more. 

 

October 2023

 
October 2023

This issue covers IT systems causing prices to display incorrectly, ensuring you provide necessary material to your organisation's emissions, the importance of location precision for travel advertising, and more.  

This issue covers the rules on influencer agreement, distinguishing between in-app purchases and loot boxes, plus AI use for searching online ads which might break the rules. 

September 2023

 
September 2023

This issue covers the rules on medicinal claims for food supplements, cosmetic procedures abroad, e bikes, gambling and more.

This issue covers the rules on nicotine-containing e-cigarettes, prescription only medicines, marketing 'free products' and more.

August 2023

 
August 2023

This issue covers the rules on unregulated financial products Ad Code requirements, unexpected outcomes for webpage refreshes and more.

This issue covers the rules on broadcast advertising alcohol and more.

This issue covers retweeting, ticket allocation and more.

July 2023

 
July 2023
This issue covers commercial intent, cosmetic procedures and more. 

This issue covers advertising claims, price claims and more.

June 2023

 
June 2023

This issue covers clear marketing communications, free cancellation policies and much more.

This issue covers three high profile rulings against energy companies. 

This issue covers environmental claims made by water companies, with two very different outcomes.

This issue covers food supplements, promotional offers and more. 

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