This Easter don’t get your reputation scrambled by breaching the Advertising Codes. So come out of your shell and let’s egg-splore some important rules.
HFSS and Children – it’s no yolk
There are several rules relating to ads for foods and drinks which are high in fat, salt or sugar (HFSS) where they might appeal to children.
For example. HFSS ads that are targeted at pre-school or primary school children (under-12s) through their content, must not include licenced characters and celebrities that are popular with children (Rule 15.15).
In 2024, ASA ruled against an ad for Cheestrings (an HFSS food) that featured the licensed character Garfield. The ad, which was engaging and appealing to under 12’s, coincided with the release of a new “U” rated animated Garfield film. The ASA ruled that, by including a licensed character that was popular with children, the ad breached the Code.
Additionally, HFSS product ads must not be directed at kids (under 16s) through the selection of media or the context in which they appear (rule 15.18). In practice, this means not placing HFSS ads in media which directly target children (like kids’ magazines or websites) or in any medium which has an audience of more than 25% under 16’s. This has been explored in these ASA rulings.
Animal welfare – Hatch a plan for compliant ads
If you want to say that your chickens are “free range” or “organic” and have “acres of field to explore, foliage and trees to play in” then the evidence you hold will need to be egg-cellent.
Noble Foods Ltd (Happy Egg Company) were able to show just that, despite a strong challenge from PETA. Amongst the dossier of evidence supplied, they were able to demonstrate that their supplier farms were subject to regular and multiple internal and external audits alongside yearly RSPCA audits and a Lions Code audit every 18 months.
All objective claims, including those about animal welfare and farming methods must be supported by robust documentary evidence (rule 3.7).
Religious offence - Don’t be a rotten egg
Easter is a significant time for many Christians and care needs to be taken if using religious references and iconography in ads to avoid causing significant or widespread religious offence.
Back in 2016, the ASA considered on an email from a gambling company which used terms “Nailed on bonus” and “In memory of the dearly departed JC, we are offering you a sacrilecious [sic] Bonus this Easter weekend ... So don't just sit there gorging your own body weight in chocolate, that's disrespectful. Get on Boylesports Gaming and get your nailed on bonus". The ad also included a cartoon image of a hand nailed to a piece of wood.
The ASA ruled, perhaps unsurprisingly, that the ad was offensive (rule 4.1).
Avoid a regulatory beating
If you are concerned about one of your ads, don’t whisk it, just egg-splore our library of Online Advice entries or ask the CAP Copy Advice team.
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