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.
Also known as: physical location, registered office, business presence, expertise
Marketers should not make claims (explicit or implied) that are likely to mislead consumers about the location of their offices. Particular caution is advised if marketers wish to make direct or implied claims about having a “local” presence.
Using "local" in the absence of physical premises
Using "local" to describe availability or expertise
Using "local" in the absence of physical premises
It is often the case that consumers will want to support businesses that are based in their local area because they feel that it contributes to the local economy and will support their local community. Marketers may be keen to tap into this loyalty by highlighting the specific locations they work in, or make claims to offer ‘local’ services. However, care should be taken to prevent such claims from misleading consumers about the location of the business and the area that is likely to benefit from a consumer engaging its services.
Typically, the ASA is likely to take the approach that advertisers who claim or imply that they are “local” to a specific area would need to demonstrate a permanent registered office or branch in that area. For example, in 2019, the ASA investigated an ad which stated “Plumbers for Wandsworth, Southfields, Earlsfield, SW18…Trust all of your plumbing, heating and drainage needs to the local professionals at Wandsworth Plumbers”. The complainant understood the advertiser was based in East London. The ASA concluded that consumers would understand the advertiser had a permanent base in Wandsworth. In the absence of evidence to support this, the ad was misleading (Wandsworth Plumbers, 9 October 2019).
In July 2024, the ASA investigated websites for various locksmiths, all of which set out the name of the relevant company name and their address. One ad featured a “Google Maps” pin highlighting the business location; others featured images of shop fronts. These features all added to the impression that physical premises existed in the specific locations cited. All ads also claimed to have ‘served the local area for several years’ and to be “…local locksmiths…” In the absence of any evidence that a locksmith business operated from any of the addresses referenced, the ASA ruled against the ads (Gauge B-Ready Locks, Guardian Tech Locksmith Cranleigh, ApexCraft Locksmith Frimley and Alex the Locksmith West Molesey, 31 July 2024).
The ASA is likely to take the position that using a listed address at serviced offices which are available for use by marketers is also likely to be insufficient to support a “local” claim. For instance, an ad which stated “... you can now find us in 12 locations!” followed by a list of locations with a different phone number alongside each one, including a 'Poulton Branch', was considered misleading. The ASA concluded that consumers would understand that the branch was staffed by individuals with expertise and knowledge of the local area. Although the agency did have a serviced office in Poulton-le-Fylde, they did not have a fully operational branch, or property agents with local expertise (Leftmove Estate Agents Ltd, 17 April 2019). See also Spicerhaart Estate Agents Ltd, 4 February 2015.
The ASA is unlikely to consider mail forwarding addresses (ghost addresses) to be sufficient to support a claim of a presence in a particular area.
Using "local" to describe availability or expertise
Marketers that employ staff or have contractors in specific locations where they do not have a permanent office presence are unlikely to be able to support an unqualified “local” claim. However, marketers wishing to communicate the availability of a service in a specific area are likely to be able to reference those locations (e.g., “we do jobs in [location]”) provided the ad does not otherwise imply (by inclusion or omission) the existence of physical local premises. Marketers who employ individuals with a specialist knowledge of a local area are likely to be able to make references to that “local” knowledge provided their marketing does not otherwise imply physical premises in that area. In 2017, the ASA ruled that an ad for an online only estate agent which referred to “Local Property Experts” was unlikely to mislead because it was clear the estate agent (at that time) only had an online presence and it was clear that the individuals in question were experts to the referenced local area, rather than implying the existence of permanent local premises for the company (Purplebricks Group plc, 25 October 2017).
Presentation of ads
Even if the ad does not explicitly state that the marketer has a local presence, some marketing techniques can create the impression that the marketer is a small local business or individual tradesperson. Using handwritten text and informal language can contribute to this impression.
In 2021, the ASA considered an ad which stated “Hello, we are cleaning your close neighbours [sic] gutters over the next few days. Maybe you would like yours cleaned too. Please call me on [mobile number] for an estimate. Best Regards, Ben’s Gutters [smiley face]”. The text appeared to be handwritten on a leaflet which looked like a compliments slip. The ASA decided the ad created the impression that the advertiser was a small, independent, local business currently working at neighbouring properties. The ad also included an 0800 number, website, email addresses, a more formal version of the company name (‘Ben’s Gutters Ltd’), and VAT and Companies House numbers. However, this was insufficient to negate the overall impression of the business created by the ad Ben’s Gutters Ltd, 22 December 2021). In a ruling in 2023 concerning very similar ads, the ASA reached the same conclusion for similar reasons, despite the ads including “A National company with a local presence” in small text (Ben’s Gutters Ltd, 20 December 2023).