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.
A marketer’s own materials that are ‘fixed’ at ‘point of sale’ or appear in physical space that the marketer owns, are considered beyond the scope of the Code unless they include a promotion or are covered by the rolling papers and filters rules.
This exemption applies to materials that are ‘fixed’ and intended to remain within the ‘premises’ and includes, but is not limited to, signage, posters, shop window and shelf displays, stands in store and at trade shows, shelf edge labels and price/menu boards, menus and ‘A’ boards outside the premises.
A marketer’s own vehicles, including delivery vans and company cars, are usually considered akin to ‘point of sale’ material because, like their own premises it is space that they own rather than ‘paid for’ advertising space. However, if the sole purpose of the vehicle is to advertise and it serves no other function (e.g. a mobile ‘A’ board continually parked in a field), the ASA could potentially consider it within remit.
Also, if a marketer places their own materials in a medium that would usually be sold to third-party advertisers, the ASA might consider those ads in remit. For example, if a train company places their own posters in space that would also be sold to third party advertisers, their ads might also be considered subject to the CAP Code.
Materials that can be taken away, such as leaflets, brochures, carrier bags and business cards remain within the scope of the Code.
See also ‘Remit: General’, ‘Promotional marketing: General’ and ‘Tobacco, rolling papers and filters’
Updated 29 July 2024