The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) are consulting on the removal of CAP and BCAP rules, and accompanying Advertising Guidance, relating to energy labelling and product fiche information.
CAP Code rules 11.8 and 11.9, and BCAP Code rules 9.9 and 9.10 (the rules) were introduced in 2011, and reflected requirements relating to the inclusion of energy labelling and product fiche information for specific products and in specific types of advertising, which were set out in the legislation that applied at that time.
The ASA has received no complaints under these rules, and there is already a statutory body, the Office for Product Safety and Standards (OPSS), which is responsible for the enforcement of the relevant regulations. Therefore, CAP and BCAP have taken the opportunity to consider whether it is necessary for the Codes to reflect energy labelling legislation in its rules at all. The full consultation document explains CAP and BCAP’s proposal in full.
Throughout the process, CAP and BCAP have engaged in discussions with the Department for Energy Security and Net Zero (DESNZ), the government department that has responsibility for energy labelling and information policy and legislation, and the OPSS, the appointed Market Surveillance Authority, with responsibility for enforcing the Regulations.
The removal of the rules from the Codes would not affect the requirements set out in legislation, and consumers and businesses can continue to report concerns to the OPSS without contacting the ASA. This would not be affected by the removal of the rules and guidance.
The consultation will be open for submissions until 5pm on 4 March 2025. CAP and BCAP welcome submissions from organisation and members of the public.
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