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.
Consumers may wish to purchase products and services specifically from UK-based companies, or products that are produced or manufactured within the UK (or in other particular countries). This could be due to factors such as the desire to support the UK economy and employment, or considerations about the environmental impacts of importation.
Marketers should be careful to ensure that any claims in advertising relating to the location or cultural heritage of their brand or company, or the country of origin of their products, are not likely to mislead consumers (Rules 3.1 and 3.3), and that they hold evidence for such claims (Rule 3.7). Marketing communications containing prices must also state the name and geographical address of the marketer (Rule 3.4.2).
Products and their packaging are generally excluded from the Scope of the Code. However, images of product ‘pack shots’ and any claims that are visible on them will fall within remit when featured in marketing communications.
There is also guidance on whether marketing on cross-border websites and platforms falls into the scope of the UK CAP Codes - see: ‘Remit: Country of origin’.
Location of companies and sellers outside of the UK
The Code requires that ads which contain prices must provide material information including the name and geographical address of the marketer (Rule 3.4.2). In light of this, marketers who include prices in marketing communications should not present themselves (directly or through implication) as being a UK-based company, or based in any other specific country, if this is not the case. Care should be taken especially where a website URL has a UK domain and/or prices are presented in UK pounds sterling.
In 2018, the ASA ruled on a website selling shoes which was understood to process payments and orders from China. The ASA considered that because the website had a ‘.co.uk’ domain and allowed an option to choose prices in “GB Pound”, the overall impression was that the company had a UK base. Because there was otherwise nothing to make clear that the advertiser was based in China or that orders would be sent from China, the ASA considered the ad was misleading. (Wilfredandalice.co.uk, 6 June 2018).
Similarly, in 2013, the ASA ruled that content on a battery website, which included (amongst other things) the URL ‘www.uk-battery-shop.co.uk’, the Royal Mail’s logo, prices in pound sterling, and a reference to "UK based advisors"; implied that they were a UK company when in fact they were based outside the UK. (UK Battery Shop, 14 August 2014).
CAP also recommends particular care when a company is UK-registered but operates from outside the UK, if orders could be subject to international returns, longer delivery times or additional charges. In 2018, the ASA investigated a complaint that a website for a retailer selling trainers did not make sufficiently clear that the advertiser was based in China rather than the UK. The complainant had been unable to find an address for the advertiser in order to return their item. The ASA considered that the need for returns to be made to China was significant information that needed to be stated prominently to consumers. Because that information was omitted it concluded the ad was likely to mislead. (95Max.co.uk, 28 March 2018).
In principle, there is nothing wrong with marketers using a ‘.co.uk’ domain or presenting prices in pounds sterling, even if a company is not based in the UK, but the marketing communication should otherwise make sufficiently clear the country from which the company operates.
Country of origin, emblems and heritage claims
Marketers should also avoid implying that a product is ‘made’, ‘manufactured’ or ‘built’ in Britain or another country, if this is not the case. Likewise, claims that convey origin or heritage should be considered carefully to ensure consumers are not misled about the location or historic origin of a company, in particular through the use of national flags and emblems.
In 2022, the ASA upheld a complaint that a website for a Germany-based organisation which sold car parts had misleadingly implied that the advertiser was based in the UK. The website URL had a ‘.co.uk’ domain, and prices were presented in pounds sterling. There was an image of the British flag and the letters “GB” on the homepage and the product page, which the ASA considered contributed to the impression the company was UK-based. The geographical address from which the advertiser operated was not communicated on the homepage or product page, but only appeared in the privacy policy and legal notice pages which would not typically be viewed by consumers during a transaction. The ASA therefore ruled that the ad misleadingly omitted material information about the advertiser’s geographical location. (Partex Global GmbH, 8 June 2022).
On the other hand, a complaint against the claim “British Brand since 1903” which featured in a TV ad for the Vauxhall Corsa, was not upheld in 2021. The complainants believed the claim was misleading as they understood that Vauxhall was owned by the French PSA Group and had previously been owned by the American company General Motors. The ASA understood that the company was established in the UK and began manufacturing cars in 1903, and it’s headquarters, offices, staff, infrastructure and some manufacturing was still based in the UK. Although some models within the Vauxhall brand, including the Corsa, were manufactured elsewhere, it was only possible to buy a Vauxhall-branded car in the UK. While the brand was owned by the French PSA Group the ASA considered it did not change the fact that the Vauxhall brand was established in and exclusively sold in the UK, and maintained offices and manufacturing operations in the country, thus contributing to the national economy. It therefore concluded the claim was not misleading. (Vauxhall Motors Ltd, 07 April 2021).
The ASA also investigated a website featuring a promotion for a ‘beauty kit’ trial in 2012, which presented the Union Jack flag prominently at the top of the landing page, alongside the name of the product, and displayed it as a background too. The ASA considered the images of the Union Jack suggested the product was either manufactured in the UK or distributed by a company based in the UK. As the company was based in Israel, the ad was considered misleading. Customers also needed to return the product to Israel in order to cancel the monthly commitment, and the ASA considered that was significant information which was likely to influence a consumer's decision as to whether participate in the promotion. As that information had been omitted, the ad also breached Rule 8.17.1. (DS Marketing Ltd, 28 November 2012).
The ASA has also previously investigated claims relating to heritage in ads for alcohol products- see: ‘Alcohol: Country of origin’. Marketers of products now made in the UK but originally produced elsewhere, such as alcohol, should consider carefully the use of claims such as ‘original’ and ‘genuine’.
See also: ‘Remit: Country of origin’, ‘Flags and emblems’, 'Alcohol: Country of origin’, ‘Imitation: General’, ‘Imitation: Unfair advantage of trade marks and names’, ‘Environmental claims: General’ and ‘Recognising Ads: Overview’.