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.
Marketers often use front-page flashes to announce various types of promotion, ranging from free product offers and voucher collect offers to discounts and money off vouchers, to draw attention to the promotion and attract new readers.
Rule 8.29 states that Publishers announcing reader promotions on the front page or cover must ensure that consumers know whether they are expected to buy subsequent editions of the publication. Major conditions that might reasonably influence consumers significantly in their decision to buy must appear on the front page or cover.
Promoters should refer to CAP’s Advertising Guidance on Front-Page Flashes.
Consider the rest of Section 8
Include all major conditions
Which conditions are likely to be considered ‘major,’ and therefore should be included in the ad, will vary depending on the specific promotion. Any conditions that might reasonably influence consumers significantly in their decision to buy must appear on the front page or cover. This is likely to include: whether consumers will need to make multiple purchases of the publication; unless obvious, whether or not the promotional item is included with the publication; whether additional costs apply, such as postage and packaging; whether an item is free; any restrictions, such as geographical or personal restrictions; and limitations on availability.
Rule 8.29 states that consumers should know from a front-page flash whether they will have to make multiple purchases of the publication. Examples include token or point collect promotions, where a consumer is expected to collect tokens from multiple editions of a publication to claim an offer. In 2012 the ASA ruled against a marketer’s ad because it stated “FREE DVD Best of the Jubilee celebrations WITH SATURDAY'S Daily Mail", but did not make it clear that consumers would need to collect tokens from multiple issues of the publication in order to claim (Associated Newspapers, 29 August 2012). As well as stating that additional purchases are required, marketers should also clearly state the number publications the consumer would need to buy in order to qualify for the promotion advertised.
The front-page flash should make it clear if the promotional item is included with the publication. A front page flash which stated "£5 OFF SHOPPING AT TESCO WHEN YOU SPEND £40 DETAILS: PAGE XX" was found to be in breach because the ASA considered that consumers would understand that this discount offer was included in the publication and was available only to readers, for example in the form of a money-off coupon, whereas in reality any customer who spent £40 in store would then receive a £5 voucher to use against their next shop. (Express Newspapers t/a Daily Star & Daily Express, 18 July 2012).
Describe the offer accurately
Marketers should ensure that the offer is described accurately to the consumer. More guidance on these common problems is outlined in the CAP Advertising Guidance on Front-page Flashes.
Consider the rest of Section 8
Promotions advertised in a front-page flash may also be subject to additional Code rules in Section 8, depending on the type of promotion offered. General advice on the rules in Section 8 can be found in ‘Promotional Marketing: General’.
For example, if offering vouchers for a free item to be collected at a certain store, or offering a free item on collection of multiple vouchers, marketers should have regard to the rules on availability, and the guidance on ‘Promotional Marketing: Availability’, which gives further advice on these rules. The ASA upheld complaints about an ad which appeared on the front page of the Daily Mail. The ad stated, "FREE GIANT JAR OF MARMITE PICK UP FROM ICELAND TODAY", with further text in smaller font which stated, "VOUCHER PAGE 46 500g JAR, SUBJECT TO AVAILABILITY, WHILE STOCKS LAST, TODAY ONLY". The ad breached the Code on multiple grounds; the advertiser did not demonstrate that it had made a reasonable estimate of the likely response or that they were capable of meeting that response (rule 8.10); or that consumers had sufficient information about limited availability, presented clearly and in a timely fashion, to enable them to make an informed decision on whether or not to participate (rule 8.12) (Daily Mail, 07 June 2017).
This advice is designed to be read in conjunction with the Promotional Marketing section of the CAP Code and the other Promotional Marketing guidance, which can be found in ‘Promotional Marketing: General’.