Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
Credulity: ensure children’s inexperience is not exploited
The way in which children perceive and react to marketing communications is influenced by the age and the experience of the child, and the context in which the message is delivered. Marketing communications addressed to, targeted directly at or featuring children must not exploit their credulity, loyalty, vulnerability or lack of experience (Rule 5.2). For example, by making them feel inferior or unpopular for not buying or encouraging others to buy the advertised product (Rule 5.2.1). Children must also not be made to feel that they are lacking in courage, duty or loyalty if they do not buy or do not encourage others to buy a product (Rule 5.2.2).
In addition to the general rules in Section 5 on children, Section 15 (Food, food supplements and associated health or nutrition claims) includes specific rules in relation to advertising food to children. Please see ‘Food: Children’ and ‘Food: General’ for more information.
In 2013, the ASA investigated complaints about ‘Weetakid’ app, an advergame for Weetabix. It considered the app used language with a persuasive and negative tone to imply that players would miss out on parts of its functionality, and would not be able to perform as well in the games unless they scanned a QR code on Weetabix packs. For example, the prompts included “I really think you should eat something. How about it?”, “What?! No Weetabix?! Why make things harder for yourself?” and “Tired is not a good look for you. Why not eat something?”. Although the app did not require players to purchase Weetabix to play the games, and scanning the QR code did not appear to affect success during play, the ASA was concerned that the frequency with which the prompts appeared would be likely to prompt children to ask their parents to purchase Weetabix on a frequent basis. Because the language of the prompts could cause children to understand that they were failing in some way if they did not eat Weetabix, the app was found to exploit children’s credulity and vulnerability, and likely to make them feel inferior if they did not eat, buy or encourage their parents to buy the product. (Weetabix Ltd, 13 February 2013).
Children should be able to grasp the main characteristics of the product (for example, its size, performance or functionality) and distinguish between real-life and fantasy (Rule 5.2.3). Ads addressing children should also not exaggerate what is attainable by an ordinary child using the product (Rule 5.3.1). Additionally, where necessary children should get adult permission before agreeing to buy costly goods or entering a competition if the prize might cause conflict (Rule 5.2.4), such as holidays.
Direct exhortation: avoid strongly urging children to buy products or undermining parental authority
Marketing communications directed at children should not include a direct exhortation to buy an advertised product or encourage children to persuade an adult to buy the product for them (Rule 5.4.2).
Marketers should ensure that invitations to purchase are not phrased as commands. In 2015 the ASA upheld complaints about a mobile game that instructed users to “Join now for Exclusive Member Benefits.” The descriptions of the benefits contained phrases such as "The Super Moshis need YOU" and "Members are going to be super popular". The ASA considered this put pressure on young players to purchase the subscription that would allow them to take part in this aspect of the game. (Mind Candy Ltd, 26 August 2015). In a similar case the ASA ruled that imperative phrasing to buy in-game money such as “"DOSH Top Up" also constituted a direct exhortation to children to buy the currency. (55 Pixels Ltd, 26 August 2015).
Additionally, in 2016 the ASA investigated a radio ad appealing for funding for guide dogs, which featured a little girl visiting Father Christmas in a grotto. The ASA assessed whether the ad directly exhorted children to buy a product, which is also prohibited under the BCAP Code (Rule 5.9). In the ad the girl was asked “What do you want for Christmas?” and was told “Your Mummy can sponsor [a Guide dog pup]”. Because the ad had made clear that only adults or parents could buy a sponsorship, the ASA considered that that particular statement did not go so far as to amount to a direct exhortation to children. The ad was not found to breach the Code in that respect. The ad was, however, found to breach the BCAP Code Rule 16.3.4 (Charities) for addressing a fund-raising message directly to children with content that was of particular interest. (The Guide Dogs for the Blind Association, 09 March 2016).
Marketers should also not encourage children to make a nuisance of themselves or undermine parental authority (Rule 5.4.1). In 2011 a TV ad for a supermarket featured numerous children partaking in typical activities, such as attending a birthday party and playing football. Each of the children seemed more excited at the prospect of visiting the supermarket to obtain Walt Disney Cards, and were later shown excitedly opening the packets of stickers. The ASA considered that showing children suddenly enthused in conjunction with the chance of winning a holiday to Disney Land was likely to encourage children to make a nuisance of themselves by pestering their parents to take them to the supermarket. It therefore considered the ad breached the Code due to being a direct exhortation to children to buy the product or persuade their parents or others to do so. (Wm Morrison Supermarkets plc, 26 October 2011).
Children’s susceptibility to charitable appeals
Marketing communications addressed to or targeted directly at children must not exploit children's susceptibility to charitable appeals and must explain the extent to which their participation will help in any charity-linked promotion (Rule 5.3.2).
In 2013 a leaflet for a WWF fundraising appeal for snow leopards, inserted into ‘Moshi Monster’ magazine, was not found to exploit children's susceptibility to charitable appeals or make children feel that they were lacking in duty. The ASA considered the general appearance of the leaflet was muted and sombre, and more likely to appeal to adults than children. Although the leaflet included images of soft leopard toys and stated “Protect him now. Or lose him forever", most of the content was factual information about leopards and the extent to which participation would help the charity-linked promotion. (WWF-UK, 19 February 2014).
There are further rules in the CAP Code relating to children and promotions – see further guidance in ‘Children: Promotional marketing'.
See: ‘Children: General’, ‘Children: Targeting’, ‘Children: Safety’ and ‘Children: Money’.