Advertising laws

It is important to get your ad campaigns checked before they get published to prevent bad publicity should they get pulled up . The Advertising Standards Authority (ASA) through its CAP and BCAP Codes regulates Adverts in the UK for print, online and broadcast media They expect all advertising online to be legal, decent, honest and truthful.  They also list traders who continue to make claims on their online sites that do not comply with the UK Advertising Code despite repeated requests for changes from their Compliance teams. Details of each non-conforming trader will remain in place until they have appropriately amended their marketing in line with the Advertising Code.

For more information on how we can help prevent risk for your business and marketing strategy contact Reina D’costa at reina@bizlawuk.co.uk or visit us at http://www.bizlawuk.co.uk to find out how we can help.

Testimonials-Advertising Law

Testimonials must relate to the product advertised and claims in a testimonial that are likely to be interpreted as factual must not mislead or be likely to mislead the consumer (Rules 3.46 and 3.47). Marketers may not use testimonials to circumvent the Code by making claims in a consumer review that they would not otherwise be permitted to make. For example, if a marketer doesn’t hold the evidence to substantiate an efficacy claim, they cannot use a testimonial which makes that claim.

Testimonials alone do not constitute substantiation so marketers should not rely on testimonials as support for any direct or implied claims made in the marketing communication. Although it acknowledged that a testimonial which made implied claims that a topically applied gel could have similar effects to surgery might have been a genuinely held opinion, the ASA held it breached the Code because the marketer did not provide objective evidence to show the product was an effective alternative to surgery (Rodial Ltd, 11 January 2012). Customer survey responses which made positive comments about saving money on energy bills were not considered adequate substantiation for savings claims (Bright Networks Ltd t/a Bright Heating, 9 January 2013).

The ASA upheld complaints against a testimonial which described a individual’s theory regarding “hexagonal water” because it considered consumers would interpret the claims as being in relation to a theory based on evidence, particularly because it appeared to be endorsed by a scientist (Water for Health Ltd, 3 July 2013).

Marketers using a testimonial must hold evidence that it is genuine. This requirement has two elements; i.e. that the quote is from a real person and that it reflects what they said.

Contact :Reina Dcosta at reina@bizlawuk.co.uk to find out more.

At-a-glance guide to the marketing rules

At-a-glance guide to the marketing rules
Method of
communication
Individual consumers
(plus sole traders and partnerships)
Business-to-business
(companies and corporate bodies)
Live calls
 Screen against the TPS
 Can opt out
 Screen against the Corporate TPS
 Can opt out
Recorded calls  Need specific consent  Need specific consent
Emails or texts
 Need specific consent
 Or soft opt-in (previous customer, our own
similar product, had a chance to opt out)
 Can email or text corporate bodies
 Good practice to offer opt out
 Individual employees can opt out
Faxes  Need specific consent
 Screen against the Fax Preference Service
(FPS)
 Can opt out
Mail
 Name and address obtained fairly
 Can opt out
 Can mail corporate bodies
 Individual employees can opt out http://ow.ly/pBxii

Contact reina@bizlawuk.co.uk to find out more