Advertising & marketing

Snapshot

ASA ruling on using under 25s in betting ads - BetIndex Limited

07 November 2019

Can a gambling ad use the image of a person who is under the age of 25? What if they are not singled out in the ad ie they do not seem to be playing a 'significant role' in the ad?

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Snapshot

Sky Bet “sports noggin” ad crosses line on guaranteeing betting success

07 November 2019

Can gambling operators imply that a good knowledge of sports may result in betting success?

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Snapshot

ASA rules on inappropriate targeting of gambling ads

07 November 2019

Are ads for age restricted promotions appropriate in a free to play app? If not, who is responsible for ensuring that under-18s are not exposed to inappropriate ads for their age?

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ASA ruling on sales and introductory offers - Furniture Village

07 November 2019

Can advertisers make reference to both a “Sale” and an “Introductory Offer” in respect of the same promotion?

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ASA ruling on extending closing dates - Ogilvie

07 November 2019

Does the illness of a key staff member and/or technical issues constitute unavoidable events beyond the control of a promotor, in order that they can exercise a contractual right to extend the end date of a promotion by 12 months?

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Snapshot

ASA rules on price comparisons – Samuel Windsor

07 November 2019

Can a retailer compare its prices to “typical high street prices”? Does it help if you explain the basis of those "typical" prices?

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Aldi rapped for misleading shopping basket price comparison

07 November 2019

In what circumstances will a multi-production comparison be considered fair?

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ASA ruling on gender stereotyping – Buxton

07 November 2019

Can you still use gender stereotypical roles in your ads, even with the ASA’s new gender stereotyping rules in play?

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ASA ruling on gender stereotyping – Volkswagen

07 November 2019

When does an ad perpetuate harmful stereotypes?

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ASA ruling on alcohol and social responsibility - Macallan

07 November 2019

How easy is it for an alcohol ad to breach advertising rules on “social responsibility” when it includes daring or potentially dangerous behaviour? Does including elements of fantastical situations help you?

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Snapshot

ASA ruling on gender stereotyping Philadelphia

07 November 2019

When does an advertisement perpetuate harmful gender stereotypes? Will humour save you?

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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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Snapshot

ASA ruling on audience composition – Tanya Burr

07 November 2019

What evidence must a business provide to show audience composition?

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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 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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

ASA ruling on Vodafone pricing

04 July 2019

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

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Snapshot

“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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CAP issues guide on comparative advertising campaigns

04 July 2019

What must marketers consider when running a comparative advertising campaign?

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Snapshot

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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Snapshot

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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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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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Snapshot

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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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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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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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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Snapshot

#Ad-vice for influencers and brands

20 December 2018

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

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Snapshot

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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“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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Snapshot

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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Snapshot

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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