Advertising & marketing

Perspective - Snapshot

The ASA’s Love Island “cheat sheet”

07 November 2019

At the end of July, the Advertising Standards Authority (ASA) published a cheat sheet for Love Island contestants, celebs and influencers with guidance on how to declare ads on social media.

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ASA ruling on weight loss post – Jemma Lucy

07 November 2019

Is your choice of influencer appropriate for your product, especially when they might be encouraging an unsafe practice?

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ASA ruling on “celebrity” status – ThisMamaLife

07 November 2019

What number of Instagram followers constitutes a “celebrity” status?

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ASA rejects complaint that HFSS ad was directly aimed at school children - Cadbury

15 October 2019

When will an ad which markets HFSS products be considered to be directly aimed at pre-school or primary school children?

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ASA rules that Chupa Chups ads don’t suck

05 July 2019

If you’re careful about placement and knowing the demographic of your audience, how safe are you showing ads for products high in fat, salt or sugar (HFSS)? And what about using characters and celebrities popular with children for sugar-free products, which may be synonymous with the core HFSS range?

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Tottenham Hotspur rapped by ASA for use of young player in betting tweet

05 July 2019

When is it possible to feature an individual under the age of 25 in a gambling ad?

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CAP and BCAP issue gambling advertising guidance

05 July 2019

What must you do in order to ensure a gambling ad is not aimed towards children?

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ASA uses child avatars to tackle irresponsible gambling ads targeted at children

05 July 2019

How has the ASA’s introduction of new technology, such as child avatars, impacted on ad monitoring and enforcement?

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Betfred avoids irresponsible gambling ad breach

05 July 2019

When does an ad showing characters gambling during everyday activities cross the socially responsible line in the BCAP Code?

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Government consults on HFSS advertising

05 July 2019

What are the Government’s new proposals for advertising restrictions for High in Fat, Salt or Sugar (HFSS) products?

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“Was/now” price claims: Zestify Media

04 July 2019

What price can be stated as the “was” price to represent a genuine saving when compared with the “now” price?

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Lidl held to mislead consumers with cheesy price comparison

04 July 2019

In making price comparisons with a competitor, do you need to take account of their promotional pricing?

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ASA ruling on Vodafone pricing

04 July 2019

Did Vodafone exaggerate the price at which it could offer consumers broadband?

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CAP: naming prize winners and marketing to children

04 July 2019

When is it necessary to obtain the consent of a parent or guardian to use a child’s data for marketing? What process should be adopted in terms and conditions for announcing winners of competitions and prize draws?

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CAP issues guide on comparative advertising campaigns

04 July 2019

What must marketers consider when running a comparative advertising campaign?

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Philip Morris burned by its own internal rules on influencer marketing

04 July 2019

How careful do you need to be when using youthful-looking influencers to promote e-cigarettes?

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Judicial review of ASA decision on “average consumer” test

04 July 2019

Had the Advertising Standards Authority (ASA) correctly applied the “average consumer” test when deciding that the use of the term “fibre” in ads for part-fibre broadband was not materially misleading?

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Carlsberg in the clear on the inappropriate targeting of under-18s

08 April 2019

What will satisfy the ASA that an alcohol ad has not been inappropriately targeted at under-18s?

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In-app ads for Tombola Arcade

08 April 2019

Were ads in the “I’m A Celebrity, Get Me Out Of Here” app (the app) for a tombola arcade inappropriately targeted at under-18s?

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CAP issues new rule and guidance on gender stereotyping

08 April 2019

How can ads avoid falling foul of the new gender stereotyping rule?

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BCAP issues guidance on use of superimposed text in TV advertising

08 April 2019

What guidelines must superimposed text on TV ads comply with in order not to mislead viewers?

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Mondelez ruling: Peter Rabbit promotion not in breach of HFSS ad restrictions

08 April 2019

Should a website built for the purposes of redeeming a prize be deemed an ‘advertisement’ or simply a functional page? If that website is primarily accessible to those over 18, could it still be considered as being directed at children?

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CAP guidance on misleading “faux fur” claims in clothes and accessories

08 April 2019

How careful should retailers be that their “faux fur” products really are “faux”?

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Cadbury’s Freddo advert banned for encouraging children to eat chocolate

08 April 2019

When is an HFSS ad aimed at children? And is age-gating enough? Or is it the ad’s content which really counts?

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Compare the Market: qualifying language in ad too material to be communicated by on-screen text

08 April 2019

How prominently do you need to show qualifying language in an ad which is material to the offer in question?

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CMA tightens noose on ad disclosures

08 April 2019

How can brands and influencers ensure they comply with the (tough) approach now being adopted by the CMA?

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The ASA's strategy for the next five years

08 April 2019

What is the ASA’s core strategy for the next five years? How proactive is it going to be as a regulator in the digital space?

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Carwow ruling: RRP claims must reflect the price of products as “generally” sold

08 April 2019

What type of evidence is the ASA looking for to substantiate that an RRP is the price at which a product is “generally” sold?

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Red Bull's wings clipped on health and concentration claim

08 April 2019

How did a claim that Red Bull can boost health and concentration fare with the ASA? Does the increased trend towards tighter regulation based on health grounds signal a rough ride ahead for energy drinks companies?

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Consultation on age and identity verification

20 December 2018

What are the new age and identity verification rules that the Gambling Commission proposes to introduce?

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ASA announcement on prize winners rule under the GDPR

20 December 2018

Are promoters still required to publish the details of prize winners? How does this sit with the GDPR?

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Failing to honour a gift promotion – ASA ruling against Superdrug

20 December 2018

What happens if you run out of gift stock so you can’t honour a promotion? Put another way, what must you do to ensure promotions are administered fairly?

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Under an obligation to repost an article you’ve written? You may need #ad – ASA rules against Platinum Gaming Ltd t/a Unibet

20 December 2018

When should a twitter post promoting a blog be classed as an ad, meaning that it should be clearly labelled as such?

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ASA issues guidance on HFSS media placement

20 December 2018

How can ads avoid falling foul of the CAP Code’s HFSS restrictions?

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Placing HFSS ads too close to schools

20 December 2018

How close is too close when advertising an HFSS ad near a school? And what falls under the meaning of school?

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CAP issues new guidance on RRP comparisons

20 December 2018

Advertisements using comparisons against recommended retail prices (RRP) have long been the norm, but advertisers should be aware that these price comparisons may mislead customers if the RRP differs significantly from the price at which the product or service is generally sold.

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#Ad-vice for influencers and brands

20 December 2018

How to comply with CAP’s new Influencer’s Guide?

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“By your side” claim not misleading – Lloyds Bank

20 December 2018

How do you distinguish between advertising “puffery” and a misleading ad?

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New CAP Code rules on the use of data for marketing

20 December 2018

How have the Committee of Advertising Practice’s (CAP) rules on the use of data for marketing changed as a result of the General Data Protection Regulation (GDPR)?

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Coco’s revenge – ASA reverses Kellogg’s HFSS decision

20 December 2018

Can a brand-generated character known for advertising HFSS products be used to promote a non-HFSS product to children?

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CAP tips on social media prize promotions

20 December 2018

What steps do you need to take to run a compliant prize promotion on social media?

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Savings claims not substantiated and significant limitations omitted – Laura Ashley Ltd

20 December 2018

How careful do you need to be in substantiating savings claims? And in what circumstances can you extend a promotional closing date?

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ASA ruling on significant information: I Can Have It Ltd

24 September 2018

Is including significant information on a competition landing page enough? Or do you need to include this information in an individual competition listing? And how clear do you have to be if there is no closing date about how a competition is administered and the potential length of each competition?

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Fairly administering a prize promotion: Walkers Snacks Ltd t/a Quaker Oats

24 September 2018

What steps are needed for a prize promotion to be fairly administered in accordance with the terms and conditions of the promotion?

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ASA HFSS ruling on Cadbury's Easter promotion

24 September 2018

When engaging influencers to promote a high in fat, salt or sugar (HFSS) product, how can advertisers ensure that they will not be promoting their product to children?

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Influencer disclosures: remember #ad! – Daniel Wellington

24 September 2018

What disclosures need to be made in influencer marketing to ensure ads are easily identifiable?

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Amazon Prime's "one day delivery" service misleading

24 September 2018

Will a 'One-Day Delivery' claim be misleading if not all products under the relevant service are delivered the next day?

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Gambling acts of "particular appeal" to children

24 September 2018

How easy is it for gambling websites to stray into creating content which is of "particular appeal" to children and therefore banned under the CAP Code?

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Taking on the ticket touts - Ticket sales regulations 2018

24 September 2018

What are the new rules banning the automated purchasing of tickets in the UK for reselling at a higher price?

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