Advertising & marketing

Perspective - Snapshot

The ASA’s new UK Scam Alert System

Published on 02 November 2020. By Oliver Bray, Senior Partner

What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?

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Wish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted

Published on 02 November 2020. By Oliver Bray, Senior Partner

Will an ad of a sexually graphic nature be deemed to be inappropriately targeting consumers and causing harm and offence if it appears on general audience platforms?

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BOXT: ‘next day delivery’ and comparative pricing claims

Published on 02 November 2020. By Oliver Bray, Senior Partner

How careful do you need to be with “next day delivery” claims? And is one product comparison enough when making a price comparison claim?

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Sky UK: clarity over upfront costs and different fees charged to different groups

Published on 02 November 2020. By Oliver Bray, Senior Partner

Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?

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P&G: verification requirements in comparative advertising campaigns

Published on 02 November 2020. By Oliver Bray, Senior Partner

How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?

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Playrix: gameplay footage must be representative of the gaming experience

Published on 02 November 2020. By Oliver Bray, Senior Partner

When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?

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CAP warns against promotion of “bad betting behaviours”

07 August 2020

What has CAP identified as promoting “bad betting behaviours”?

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ASA ruling on Missguided Ltd – the fine line between the mildly sexual and the objectification of women

07 August 2020

Were poster ads released by clothing company Missguided on public transport overly sexualised, inappropriate or likely to cause serious offence?

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ASA ruling on ASOS – use of “affiliate” for a marketing communication

07 August 2020

Is the use of “affiliate” sufficiently clear to identify an affiliate advertorial as a marketing communication?

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ASA ruling on Boohoo.com – “Up to x% off everything” and countdown clocks

07 August 2020

Can retailers use time limited offers on their website (eg using countdown clocks), and claim they have a sale of “up to x% off everything?”. Does the line “applicable to selected lines only” work as a disclaimer if not “all” your products benefit from the discount?

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ASA ruling on ASTOK Ltd t/a TVBet – unsubstantiated superiority claims

07 August 2020

Did TVBet release ads which were misleading and unverifiable by claiming that they were #1 and that they had the biggest sports jackpot?

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ASA ruling on EE – misleading and ambiguous mobile network claims

07 August 2020

Can mobile network providers claim superiority for a service they provide on their network in their ads?

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Make sure the price is right: using reference pricing in ads – Committee of Advertising Practice releases update on pricing practices

07 August 2020

What are the key points to be considered when using reference pricing in your promotions?

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CAP’s new “Quick Guide to Advertising Consumer Surveys”

07 August 2020

How does the new “Quick Guide” ensure that marketing claims are made in a manner that complies with the CAP Code?

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A summary of the ASA Annual Report 2019

07 August 2020

What are the key points arising from the Advertising Standards Authority (ASA) 2019 annual report, published on 3 June 2020?

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ASA ruling against Revival Shots

07 August 2020

Can companies make health claims in ads for their food products?

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Complying with ASA rules during a pandemic

07 August 2020

In light of the new UK’s Advertising Standards Authority (ASA) and Competition and Markets Authority (CMA) Guidance, what do brands need to be aware of when marketing during the COVID-19 pandemic or similar “exceptional circumstances”?

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ASA ruling against Coral – “Have another go” and socially irresponsible gambling

07 August 2020

How careful do you have to be when advertising repeat gambling?

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CAP issues advice notice on the marketing of gambling on eSports on social media

07 August 2020

How do gambling operators stay on the right side of the advertising rules when creating marketing for gambling on eSports on social media?

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Gender stereotyping and “that girl boss thing”

02 June 2020

ASA ruling against PeoplePerHour.

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Gender stereotyping and the use of one gender in an ad

02 June 2020

ASA ruling against PC Specialist

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Influencer marketing, alcohol and youthful looks

02 June 2020

ASA ruling on Sazerac UK Ltd t/a Southern Comfort

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Influencer marketing and obvious brand references

02 June 2020

ASA ruling on idesigngold.com

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New CAP/CMA Guidance: #Ad(vice) for Influencers

02 June 2020

What should influencers do to avoid falling foul of the Committee of Advertising Practice’s (CAP’s) standards on labelling ads?

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Online Affiliate Marketing: New CAP advice note

02 June 2020

What should brands do to ensure that their affiliate marketing complies with the CAP Code?

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ASA issues guidance on how to deliver a compliant marketing subscription box

21 January 2020

How careful do you need to be when offering a free trial? What does a free trial “subscription trap” look like? And how do you avoid setting one?

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ASA ruling on Dyson

21 January 2020

How careful do you need to be when making factually correct claims in a context which might change their meaning?

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ASA ruling on Merkur Cashino Ltd

21 January 2020

Can ads on the back of bus tickets be seen to target protected age categories?

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ASA ruling on Casumo

21 January 2020

Can a gambling ad be seen to be targeting vulnerable consumers if it appears in a Google search result for those trying to “unsubscribe” from gambling ads?

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ASA ruling on promoting alcohol – Tequila Rose

21 January 2020

What if your influencer looks younger than they are when it comes to posts promoting alcohol?

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ASA ruling on Imperial Tobacco

21 January 2020

When can e-cigarette advertisers encourage “new” users of their products?

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ASA ruling on phrases which may have a sexual connotation – Boohoo.com

21 January 2020

How easy is it for a campaign to be deemed “socially irresponsible” where it refers to a phrase which could possibly have a sexual connotation?

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ASA ruling on “humorous” tweets – Burger King

21 January 2020

How careful do you need to be when using topical events to let loose a branded tweet? Put another way, was the combination of Nigel Farage, “milkshaking” and “#justsaying” a responsible tweet by Burger King?

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What is the right hashtag to use when labelling an ad

21 January 2020

What is best, and worst, practice in labelling a post as an ad?

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ASA ruling on “#brand ambassador” – Cocoa Brown

21 January 2020

Does the use of “#brand ambassador” in an Instagram caption make the post easily identifiable as an ad?

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ASA ruling on contractual relations Brooks Brothers

21 January 2020

Can a post by an influencer be deemed to be an ad, even when the post is at the influencer’s own initiative and to his own followers, and not at the direct request of the relevant brand?

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ASA seeks injunction for email sent to wrong recipient

21 January 2020

ASA v Robert Neil Whyte Mitchell

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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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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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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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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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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 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 – Volkswagen

07 November 2019

When does an ad perpetuate harmful stereotypes?

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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 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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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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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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