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Social Responsibility
irresponsible behaviour. The ASA has upheld complaints about social responsibility against a diverse range of … children. Social responsibility covers many things, and some sections of the Code have a specific … rule concerning social responsibility in a certain sector. The following topics and issues should be
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Cosmetic Interventions: Social Responsibility
After photographs, Endorsements and Testimonials as well as social responsibility. The … objectify the model – see Sexualisation and Objectification and Social Responsibility: Body
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Social responsibility: Body image
Guidance on the marketing of surgical and non-surgical cosmetic procedures. See also Cosmetic Interventions: Social Responsibility.
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Advertising Guidance - misleading environmental claims and social responsibility
claims and social responsibility. The guidance was updated in June 2023. To find out more
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The Portman Group
The Portman Group, supported by the UK's leading drinks producers, is solely focused with the social responsibility issues surrounding alcohol.
social responsibility issues surrounding alcohol. The Portman Group’s Code of Practice … to: Promote best practice in alcohol social responsibility via actions by member
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Guidance on the trivialisation of short-term, high-cost credit in ads
Guidance for advertisers on how to ensure ads for short-term, high-interest loans are socially … responsible and don’t trivialise the seriousness of taking out a loan.
loans are socially responsible and do not trivialise the seriousness of taking out a loan. The
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Financial products and services: Credit Unions
Section 14 of the CAP Code provides general guidance on advertisements for financial products and services. This section recognises that financial advertising is subject to numerous statutes and regulations. The Background gives a brief summary of relevant legislation and the rest of the section mirrors, to some extent, the requirements set out in those regulations. In brief, the Code generally covers financial marketing communications that are not regulated by the Financial Conduct Authority (FCA). Technical aspects of non-broadcast ads for products by FCA-regulated businesses (for example, those by credit unions) are likely to be outside the ASA’s remit. What aspects are considered subject to the Code? Social responsibility What aspects are considered subject to the Code? “Non-technical” aspects of consumer credit union marcoms are likely to fall within the remit of the CAP Code. Issues such as offence, social responsibility, superiority claims, fear and distress and competitor denigration are all issues that are likely to be subject to the Code. Social responsibility The Code states that all ads should be socially responsible by being prepared with a sense of responsibility to consumers and to society (rule 1.3). The ASA has previously upheld complaints against marketers whose ads encouraged taking out loans to assist with Christmas spending. These ads were looked at as part of wider piece of work on social responsibility in ads for loans offered for Christmas. In 2024, the ASA investigated an ad that featured the claims “With a hassle-free Christmas Loan, you can take the stress out of Christmas” and “Cherish every moment of the holidays, without fretting over your budget” along with an image of someone relaxing with their feet up. While the reference to ‘hassle free’ was acknowledged as being in relation to the application process, the ASA considered that the ad implied that taking out a Christmas loan would avoid the financial worry associated with Christmas. The ASA considered that the ad encouraged taking out a loan to fund Christmas spending in a way that was irresponsible, and therefore breached the Code (Capital Credit Union Ltd, 28 February 2024) Also in 2024, an ad featured claims such as “Make Your Christmas Merrier Than Ever With PCCU”, and “Need some extra cash to make this Christmas unforgettable? Look no further!”. The ASA considered that claims, such as these, suggested those who were struggling financially could obtain loan to spend more than they would otherwise have been able to afford on seasonal purchases. They concluded that the ad encouraged the taking out of a loan to fund Christmas spending in a way that was irresponsible, and therefore breached the Code (Pennine Community Credit Union Ltd t/a PCCU, 28 February 2024). CAP is unable to give advice on the law. We recommend marketers seek professional advice if they are unsure how their business might be affected. Copies of the regulations can be found here and here.
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Female genital mutilation
Female Genital Mutilation (FGM) involves procedures that include the partial or total removal of the external female genital organs for non-medical reasons. Under the Female Genital Mutilation Act 2003 and the Serious Crime Act 2015, it is an offence for any person in England, Wales or Northern Ireland (regardless of their nationality or residence status) to perform FGM, or to assist a girl to carry out female genital mutilation on herself. It is also an offence to assist a non-UK national or resident to carry out FGM outside the UK on a UK national/resident, or for a UK national/resident to assist or perform FGM abroad. As such, any publishers asked to accept ads or marcoms offering the procedure are advised to seek legal advice. See also Legality and Social Responsibility.
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Financial products and services: Insurance
General insurance advertising is subject to statutory control by the Financial Conduct Authority (FCA) under the Financial Services and Markets Act 2000 and the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005. The FCA regulates the technical aspects of non-broadcast insurance adverting. However “non-technical” aspects of insurance marcoms (for example, offence, social responsibility, superiority claims, fear and distress and competitor denigration) are likely to fall within the remit of the CAP Code. What products are considered ‘General Insurance’? Socially responsible Harm and offence Claims regarding non-technical aspects of the product Further guidance What products are considered ‘General Insurance’? General insurance products are those that are regulated by the FCA and include household, motor (including some car breakdown cover), travel, pet, payment protection, private medical insurance, term (life) assurance, critical illness and extended warranties. Socially responsible The Code states that all ads should be socially responsible by being prepared with a sense of responsibility to consumers and to society. An ad for life a life insurance provider featured an image of a man leaning the front of his head against a wall with his arms by his side with text which stated “… Life insurance to die for”. The ASA received a complaint stating they believed the ad was alluding to depression and male youth suicide. The ASA considered that although it was not the intention to have a connection to suicide or depression, the as created the impression that he felt isolated and was in despair. They considered the combination of the text the image, trivialised the issue of suicide and was therefore irresponsible (DeadHappy Ltd, 11 December 2019). Harm and offence A magazine ad for photography insurance, featured three men, each wearing a different style of underwear. The text that accompanied the image was "Can't see the wood for the trees". The ASA investigated if the ad was sexist and degrading to men and was therefore offensive. As the issue complained about was regarding taste and decency then this was investigated by the ASA as this was not considered a technical aspect of the product. The ASA considered that taking the image and the strapline together, the ad had the potential to cause serious offence to some people and so breached the Code (Versatile Insurance Professionals Ltd, 22 February 2012). Claims regarding non-technical aspects of the product The ASA may investigate complaints about the truthfulness of some claims that do not relate to the specific characteristics of the product. It upheld complaints against RAC Motoring Service’s claim “Breakdown cover - whether you're the driver or a passenger in any vehicle, 24 hours a day, 365 days a year” on the grounds that the RAC policy did not include the driver or passenger of a taxi or private hire vehicle (RAC Motoring Services Ltd, 23 November 2005). Marketers should, of course, hold evidence to support such claims in line with Rule 3.7 of the CAP Code. In 2013, the ASA ruled against a Direct Line ad that highlighted the company’s flood coverage, because it omitted to say that they would not insure houses that had been subject to floods in the past ten years (Direct Line Group Ltd, 10 April 2013). Further guidance If they are unsure about the legislation they need to comply with, marketers should consult a solicitor or the FCA. Under FCA guidance, insurance advertisements should be clear, fair and not misleading. Please note however that the FCA does not pre-approve proposed financial marketing communications for authorised firms. Technical guidance is available on specific matters or rule interpretations only, not on the advertisement as a whole. See the FCA’s website, www.fca.org.uk.
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Entertainment: General
The ASA receives numerous complaints a year about ads for films, TV, mobile apps and music, and in the majority of cases, these concern sexual or graphic content, violence, weapons, or fear and distress. As with all ads, the acceptability of an ad for an entertainment product will depend on the final execution. As this can be a nuanced area, marketers who are unsure of the acceptability of their film, TV, music or game ads are encouraged to seek Copy Advice. See below for guidance on advertising specific entertainment products: - Entertainment: Films and TV - Entertainment: Video Games and Mobile Games - Entertainment: Music Marketers of these products should also be aware of rules surrounding the following: Sex and Nudity Violence, Weapons and Anti-Social Behaviour Targeting Social Responsibility and General offence Fear and Distress Children and young people Alcohol, Smoking and Drugs Cars, Motoring and Speeding Sex and Nudity Ads featuring gratuitous nudity are very likely to breach the Code. Any marketer wishing to include nudity in their ads should read our guidance on Offence: Nudity and see our section on ‘Targeting’ below. Sexual depictions and references are not inherently problematic - however, marketers should ensure that the content is appropriate for the audience. Mild sexual content may be considered acceptable in untargeted media – however, some material should be appropriately targeted. For detailed guidance, see Offence: Sex. Some material is likely to cause serious or widespread offence regardless of where it appears, and ads which use sexual content in a way which could be considered objectifying, demeaning, exploitative, degrading or humiliating are always likely to cause serious and/or widespread offence. See Sexualisation and Objectification for further guidance. Violence, Weapons and Anti-Social Behaviour Marketing communications must contain nothing that is likely to condone or encourage violence or anti-social behaviour (Rule 4.4). In untargeted media, marketers should be careful to ensure that any violent imagery, even when reflective of the content of the film/game, is not excessive or graphic. See below for more on violence: Violence: Condoning or Encouraging Sexual and Domestic Violence With regards to weaponry, marketers should be aware of how the item is positioned to ensure that the ad does not cause unjustified fear or distress. Guns or other weapons pointing towards the audience, or showing guns which have just been fired, may be considered more likely to cause distress to viewers. See below for more: Weapons: General Weapons: Firearms, Air weapons, Stun guns and Replica guns Weapons: Knives, Martial Arts Weaponry and Crossbows Ads which present anti-social behaviour in a negative light are less likely to be considered problematic for condoning or encouraging this type of behaviour. See Anti-Social Behaviour for more. Targeting Appropriate placement and/or targeting should be a priority for marketers of ads for films, TV, games and other media, and will depend on the product and the content of the ad. Any ads that feature graphic violence, nudity, and/or sexual elements should be targeted away from children. As above, the existence of a weapon in an entertainment ad isn’t always inherently problematic but marketers should ensure that the content is not excessively graphic, or likely to cause fear or distress. Marketers should see our guidance on targeting below, or seek Copy Advice if they are unsure: Children: Targeting Targeting Guidance on how to advertise films and video games responsibly Any ads that feature any alcohol (including, for instance, a character holding a glass of wine) are subject to Section 18 and therefore should be targeted appropriately – see Alcohol: Targeting and ‘Alcohol, Smoking and Drugs’ below. Social responsibility and offence Whilst offence on the grounds of issues such as gender, race, age etc. in terms of entertainment ads will be context dependent, marketers are again reminded that they do not have a carte blanche for offence even if is (for instance) the subject or topic of a film, such as a movie about the history of slavery or women’s rights etc. This is also the case for issues of social responsibility. As these issues can be nuanced, the ASA will of course consider offence and social responsibility on a case-by-case basis. Marketers may however find the following guidance of use: Social Responsibility Anti-Social Behaviour Harm and Offence: Gender Stereotypes Social Responsibility: Body Image Offence: General Fear and distress Rule 4.2 states that marketers should not cause fear or distress without ‘justifiable reason’. As such, marketers for entertainment products should not use overly scary or distressing content in their ads, and should consider the need for appropriate placement and/or targeting. See Fear and Distress for more. Children and young people Marketers are advised against including depictions of children in dangerous scenarios in entertainment ads if they could be seen to cause distress, encourage emulation or similar. Marketers who are including these elements should ensure that their ads are targeted appropriately. See Children: Safety. Marketers should also see the ‘Targeting’ section above. Additionally, marketers should not depict those under 18 in a sexual manner – see Children: Sexual Imagery. Marketers of video games/gaming apps should not exploit children’s credulity, loyalty, vulnerability or lack of experience. See Children: Direct Exhortation, Children: Money and Guidance on Advertising In-Game Purchases, along with our specific guidance on Entertainment: Video Games and Mobile Games. Marketers should consider Section 5 of the Code before addressing or featuring children in marketing communications. Alcohol, Smoking and Drugs Ads which feature alcohol will be subject to the rules in Section 18: Alcohol, and marketers should consider the rules in this area before featuring alcohol in their ads. For instance, ads must contain nothing that is likely to lead people to adopt styles of drinking that are unwise (18.1), must not link alcohol with activities or locations in which drinking would be unwise (18.12), show anyone who is, or appears to be, under 25 drinking or playing a significant role (18.16), and must not be likely to appeal particularly to anyone under 18 (18.14). See Alcohol: General for an overview, and Alcohol: Targeting for how to target the ad appropriately. Marketers should be wary of creating ads which depict characters smoking tobacco/cigarettes as these elements might be considered socially irresponsible. Generally, marketers should not show nor imply that smoking is any way glamorous or aspirational or is going to enhance smokers sexually, socially or physically. See Tobacco, Rolling Papers and Filters. Marketers should also avoid depictions or implications of drugs in their ads, as references are likely to breach the Code in terms of social responsibility. See Drugs. Cars, Motoring and Speeding Marketing communications must not condone or encourage unsafe or irresponsible driving. Ads which glamourise irresponsible driving in a way which is likely to encourage emulation are likely to be considered problematic. It may be acceptable for ads for films, TV shows or games to feature irresponsible driving (such as a car chase) provided this is not presented in a way which is likely to encourage or condone this type of driving. Furthermore, marketers should avoid depicting driving that is obviously illegal. See Motoring and Anti-Social Behaviour for more guidance. Any marketers who are unsure of these elements in their ads are welcome to contact Copy Advice. See also Entertainment: Films and TV, Entertainment: Video Games and Mobile Games and Entertainment: Music.
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Financial products and services: Consumer credit
In section 14, the CAP Code provides general guidance on advertisements for financial products and services but recognises that financial advertising is subject to numerous statutes and regulations. The Background gives a brief summary of relevant legislation and the rest of the section mirrors, to some extent, the requirements set out in those regulations. What aspects are considered subject to the Code? Social responsibility for short term loans Irresponsible lending and Christmas What aspects are considered subject to the Code? In brief, the Code generally covers financial marketing communications that are not regulated by the Financial Conduct Authority (FCA). Technical aspects of non-broadcast ads for products by FCA-regulated businesses (for example, those by banks, building societies, insurance companies, stockbrokers or mortgage companies) are likely to be outside the ASA’s remit. Most consumer credit, hire and brokerage ads are regulated by the Consumer Credit Act 1974 and the Consumer Credit (Advertisements) Regulations 2010, and in April 2014 the Financial Conduct Authority (FCA) assumed responsibility for consumer credit regulation. However “non-technical” aspects of consumer credit marcoms (for example, offence, social responsibility, superiority claims, fear and distress and competitor denigration) are likely to fall within the remit of the CAP Code. Social responsibility for short term loans Advertisers should be particularly careful to ensure that marketing for high interest, short terms loans is socially responsible. In 2012 the ASA upheld a complaint about a website that featured images of a woman with shopping bags. It considered the images suggested the woman spent borrowed money to go on a shopping trip to make non-essential purchases, and was therefore likely to be seen as encouraging frivolous spending (Sunny Marketing Ltd, 19 December 2012). Similarly, in 2013 the ASA ruled that a text stating "Hi Mate I'm still out in town, just got £1000 in my account from these guys www.firstpaydayloanuk.co.uk" was irresponsible because it suggested a loan should be used to fund a social life (First Finance (UK) Ltd 19 June 2013). See Short term and payday loans for further information. Responsible lending and Christmas The ASA has previously upheld complaints against marketers whose ads encouraged taking out loans to assist with Christmas spending. These ads were looked at as part of wider piece of work on social responsibility in ads for loans offered for Christmas. In 2024, the ASA investigated an ad that featured the claims “With a hassle-free Christmas Loan, you can take the stress out of Christmas” and “Cherish every moment of the holidays, without fretting over your budget” along with an image of someone relaxing with their feet up. While the reference to ‘hassle free’ was acknowledged as being in relation to the application process, the ASA considered that the ad implied that taking out a Christmas loan would avoid the financial worry associated with Christmas. The ASA considered that the ad encouraged taking out a loan to fund Christmas spending in a way that was irresponsible, and therefore breached the Code (Capital Credit Union Ltd, 28 February 2024) Also in 2024, an ad featured claims such as “Make Your Christmas Merrier Than Ever With PCCU”, and “Need some extra cash to make this Christmas unforgettable? Look no further!”. The ASA considered that claims, such as these, suggested those who were struggling financially could obtain loan to spend more than they would otherwise have been able to afford on seasonal purchases. They concluded that the ad encouraged the taking out of a loan to fund Christmas spending in a way that was irresponsible, and therefore breached the Code (Pennine Community Credit Union Ltd t/a PCCU, 28 February 2024). See Credit unions for further information. CAP is unable to give advice on the law. We recommend marketers seek professional advice if they are unsure how their business might be affected. Copies of the regulations can be found here and here. See Financial Products and Services, Insurance, Financial products and services: Credit Unions and Motoring: Finance and Leasing.
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Cosmetic surgery
Marketers wishing to advertise cosmetic or plastic surgery should be mindful of not misleading, harming or offending the public, and ensure their ads are socially responsible. Misleadingness Harm and Offence Targeting Social Responsibility Promotions Services offered abroad Misleadingness Over the years, the ASA has upheld several complaints against marketers who have exaggerated the qualifications of the surgeons working at their cosmetic surgery clinics. In October 1997, CAP issued guidance on Cosmetic Surgery claims, relating both to the surgery and the clinic/clinicians who carry out the procedures. The Guidance Note on Cosmetic Interventions, which was revised in 2021, now also includes specific guidance for advertising non-surgical treatments, and includes important sections on the Use of production techniques, Before and After photographs, Responsibility, Targeting, Endorsements and Testimonials, Prescription only medicines (POMs), Botox and Sales Promotions, as well as information about the new rules surrounding placement and scheduling restrictions for under 18s (see 'Targeting' below). Also among the subjects covered by the Guidance Note are: 1. 'qualified’ - surgeons looking to claim they are ‘qualified’, ‘highly qualified’ or 'fully qualified' should only do so if they are on the Specialist Register of the General Medical Council (GMC) in respect of a relevant surgical specialty or were practicing cosmetic surgery independently before 1 April 2002, and they should hold a Certificate of Completion of Specialist Training (CCST) in plastic surgery or an equivalent qualification. Surgeons wanting to claim they are ‘qualified’, 'highly qualified' or ‘fully qualified’ in a particular area of cosmetic surgery, e.g. ophthalmological procedures, should hold a CCST or equivalent in the relevant surgical speciality (Rule 12.3); 2. ‘experienced’ – the ASA normally expects marketers claiming surgeons are ‘experienced’ or ‘highly experienced’ to be able to show surgeons have practiced their surgical speciality for at least 6 years, the minimum NHS requirement for completion of specialist training; 3. ‘specialist’ – ‘specialist’ or ‘specialising in’ is understood to denote a surgeon whose main area of expertise is in a particular discipline, for example, cosmetic or plastic surgery; 4. ‘leading’ – marketers looking to prove claims such as ‘leading surgeons’ or 'foremost surgeons' would need to show that the surgeons’ achievements and experience put them at or near the top of their speciality (see also ‘Leading claims'); 5. ‘consultants’ – ‘consultants’ should have held an NHS Consultant post (not a locum position) or the equivalent in the speciality to which the marketing communication refers and 6. clinics – marketers should hold evidence to demonstrate the pre-eminence of their clinic (not just a few of their surgeons) before claiming they are a ‘leading’ clinic and should avoid implying that all their surgeons are of a particular standard if they are not. Clinics should not link themselves with renowned locations such as Harley Street unless they carry out consultations or surgery there. Marketers must also ensure that they hold robust clinical evidence for the efficacy of their product or service. In 2015, the ASA upheld a complaint about a hair transplant company because they could not prove that “Before and After” imagery they used represented what could generally be achieved by their patients (The Hospital Medical Group Ltd, 19 August 2015). Similarly, in 2023, the ASA upheld a complaint about a hair transplant clinic in Turkey which stated they had “99% successful results” – a claim the ASA found they could not substantiate. As well as generally misleading customers by exaggerating the effectiveness of the procedure, the ASA considered it also exaggerated the likely success of the operation (GET DHI Hair Clinic, 11 October 2023). Marketers should also be mindful of more general claims. In July 2014, the ASA considered that the claim "Setting the Gold Standard" without any further qualification was an objective claim that the advertiser had been achieving the highest standard in areas relating to patient care and surgical expertise, and that this had been independently measured. However, the surgical satisfaction surveys the marketer relied on to substantiate the claim did not constitute adequate evidence (Aesthetic and Cosmetic Ltd, 17 July 2014). Marketers looking for more advice on the kind of evidence they need for cosmetic procedures should see our guidance on the level of Substantiation expected for Health, Beauty and Slimming Claims. Harm and Offence Marketers must ensure that whilst a certain degree of nudity may be acceptable due to the subject matter, gratuitous nudity which could be seen as objectifying or degrading is very unlikely to be acceptable. Furthermore, marketers should be aware of the ASA’s position on gender stereotyping, which prohibits stereotypical portrayals that are likely to cause serious or widespread harm or offence (rule 4.9). Also see our guidance on Sexualisation and Objectification and Social Responsibility: Body Image. Targeting Marketers are reminded that new placement and scheduling restrictions were introduced in November 2021 (CAP Code rule 12.25 and BCAP Code rule 32.2.9) which prohibit cosmetic interventions advertising from being targeted at under-18s. Our Cosmetic Interventions guidance contains more information about this, and marketers may also find our guidance on Targeting, Children: Targeting and Advertising Guidance - Age-restricted ads online of use. Social Responsibility In line with the Code, marketer should prepare their ads with a sense of responsibility to consumers and society. In particular, they should ensure that the ads are not seen to be particularly aimed at young people, vulnerable groups etc. Any ads that could be seen to exploit the insecurities of certain groups, for instance, offering a "MOMMY MAKEOVER", are unlikely to be considered acceptable (Grand Clinic, 11 October 2023). Generally, in ads for cosmetic surgery, the procedure should always be portrayed as something that requires time and thought - marketers looking to advertise surgery should never portray the procedure as “safe”, “easy” or “risk free” because no surgery is without risk - in 2022, the ASA upheld a complaint about a Facebook post which stated “Our breast augmentations are an easy process…” (Linia Cosmetic Surgery, 4 May 2022). Similarly, in 2014, a poster for the healthcare travel industry in Malaysia was found to breach the Code as it trivialised breast surgery and suggested it could be incorporated into a holiday (Medical Tourism Association, 18 February 2015) (see below for more on cosmetic surgery abroad). Marketers should take care to ensure that they do not exaggerate the effects of cosmetic surgery nor trivialise the decision to have it – in 2022, the ASA upheld a complaint about an email ad for cosmetic surgery which stated a procedure could improve wellbeing and skin condition, increase energy levels and help customers get more sleep (Transform Hospital Group Ltd, 11 May 2022). For more detailed guidance, see Cosmetic Interventions: Social Responsibility and Social Responsibility: Body Image. Promotions Although the ASA has ruled that it is not necessarily irresponsible to offer surgery as a gift or a prize, marketers should take particular care when executing and administering these types of prize draws or competitions. As competitions/prize draws are often time limited, offering invasive surgery as a prize could be seen to be irresponsible. Furthermore, it could be seen to trivialise the procedure (rather than a risk which requires careful consideration), which in itself could be viewed as a breach of the Code. In 2022, the ASA investigated a Black Friday deal from Transform. The ad, which was in the form of an Instagram post, stated “If you have been considering breast surgery and haven’t yet booked, there is no better time. We have Black Friday prices on breast surgery starting from just £5990”. The ASA found that the reference to Black Friday implied that there was a very limited window of opportunity to take up the offer, and since the ad created a sense of urgency, it breached the Code (Transform Hospital Group Ltd, 13 April 2022). Marketers may find the Promotional Marketing guidance useful – however, we recommend that marketers wishing to advertise a sales promotion for cosmetic surgery contact Copy Advice in the first instance. In addition, the Cosmetic Interventions: Social Responsibility guidance contains more on promotions in this sector. Services offered abroad As well as ensuring ads comply to the above, marketers for cosmetic surgery abroad should also bear in mind that linking surgery to a holiday may trivialise the decision to undergo the procedure. (Estheday and Egemed Hastaneleri, 10 May 2023). If advertising a package, marketers should bear in mind that, whilst they can mention other elements of the package, such as any hotels and flights, ads should first and foremost present the service as cosmetic surgery rather than a vacation. Marketers for cosmetic surgery abroad are reminded of the requirement to include information about the need for a pre-consultation to assess any potential contraindications and general suitability for patients (Clincexpert Hospital, 11 October 2023). Ads should also include all other material information - for instance, ads should not mislead as to the location of any step of the process. See also Breast-enhancing Products: General, Cosmetic Interventions: Social Responsibility, Beauty and Cosmetics: General, Weight control: Medical procedures and Lasers: General.
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Weight control: Body wraps
Distinguish between water loss and fat loss Don’t exaggerate Hold evidence Don’t rely on testimonials alone Take care when using before and after images Be socially responsible Distinguish between water loss and fat loss Whilst the ASA and CAP accept that body wraps can have a temporary effect on weight and size, we understand that this is the result of little more than the expulsion of water from the body - much like a sauna or steam room - rather than loss of body fat. Any claims about the likely effects of such treatments should therefore reflect this. Don’t exaggerate Marketers may make general claims for temporary weight loss or inch loss, but should not claim that weight can be lost from specific areas of the body (rule 13.9), that the treatment is suitable for the overweight, or that any effects will be long lasting. Hold evidence Marketers must hold robust evidence to support more specific efficacy claims including claims made in testimonials. In 2005, the ASA considered a complaint about an ad for a “Universal Contour Wrap” which stated "double inch loss guarantee" and made "contouring” and “detoxifying” claims. Because the advertiser was unable demonstrate that the wrap was effective at achieving the stated results the ASA upheld the complaint (New Image Studio, 14 December 2005). See Detoxing: General. Claims that people can lose a stated amount of weight in a specific period are not permitted (13.9). Claims that individuals have lost a specific amount of weight would need to supply details of the timeframe of that weight loss along with evidence that this example is representative. The rate of weight loss should be compatible with good nutritional practice (see Rule 13.10). Take care when using before and after images Marketers should remember that before and after images are likely to be considered implied efficacy claims. As such, robust supporting evidence that the product or treatment is effective at achieving the results shown must be held. Marketers should also ensure they met the requirements of rules 3.45 to 3.48, in relation to holding signed and dated proof that the photos are genuine and are being used with permission. See Before and after photos. Be socially responsible Ads for body wraps should not encourage diet or lifestyle practices that are unhealthy. They should not, for example, encourage consumers to avoid drinking water in order to maintain the temporary effect gained from water loss. See Weight Control: General, Weight Control: Obesity, Weight Control: Cellulite and CAP Guidance on Substantiation for health, beauty and slimming claims.
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Litigation: Claims management
From 1 April 2019, the Financial Conduct Authority (FCA) assumed responsibility for the regulation of claims management companies (CMCs) across 6 sectors. The sectors where an authorised CMC can execute regulated activity are – financial services and products personal injury housing disrepair specified benefit criminal injury employment Ads for these companies should adhere to the guidelines given in the ‘Financial promotions and communications with customers’ section of the Claims Management: Conduct of Business sourcebook (CMCOB 3). Ads for products by FCA-regulated businesses (such as claims management companies) are likely to be outside the ASA’s remit. However, as with other financial ads, the CAP Code does apply to “non-technical” aspects of ads for these companies. Matters relating to offence, social responsibility, superiority claims, fear and distress, competitor denigration and claims that do not relate to specific characteristics of the product are likely to be considered as “non-technical” If an advertiser is unsure about the legislation they need to comply with, marketers should seek legal advice. A section on the FCA’s website, entitled Financial Promotions, gives general advice such as ‘Key Issues’ and ‘FAQs’. Please note, however, that the FCA does not pre-approve proposed financial marketing communications for authorised firms - technical guidance is available on specific matters or rule interpretations only, not on the advertisement as a whole. See the FCA’s website for more information www.fca.org.uk. See also: Financial Products and Services, Will Writers, Litigation: No Win, No Fee Claims, Litigation: Specious claims.
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Weight control: Medical procedures
The Copy Advice team is asked to advise on ads for stomach stapling, liposuction, liposculpture, laser lipolysis, focused ultrasound, tummy tucks and other weight control procedures. Such procedures might be offered in the UK or abroad. Substantiation Social responsibility Before and after photos Pain and safety Specific body parts Consultation Ad labelling Substantiation As with all objective claims, advertisers must hold rigorous evidence that their products or services work in the way their ads claim. The ASA upheld a complaint for i-Lipo, a non-invasive procedure because it had not seen suitable evidence which showed that the treatment could reduce fat and improve the appearance of cellulite, both of which were considered to be breakthrough claims (The Contour Clinic, 21 August 2013). See Weight control: Cellulite. The ASA also found that weight loss claims for a ‘cryo-belt’ had not been substantiated (L(A)B Life and Beauty, 16 December 2020). CAP has no objection to proven procedures being advertised as long as the procedures are carried out under the supervision of a suitably qualified health professional. More information can be found at http://www.cqc.org.uk. Marketers should nevertheless hold evidence in the form of clinical trials, to support efficacy claims. Marketers should not state or imply that a device is medically certified if it is not (Advanced Esthetics Solutions Ltd, 13 November 2013). Social responsibility Marketers of cosmetic surgery abroad should bear in mind that linking surgery to a holiday may trivialise the decision to undergo the procedure. (Estheday and Egemed Hastaneleri, 10 May 2023). If advertising a package, marketers can mention elements of the package, such as hotels and flights, but ads should first and foremost present the service as cosmetic surgery rather than a vacation. Ads should not exploit the vulnerabilities or insecurities of their potential clients; the ASA ruled against an ad that referred to “inner beauty” and “permanent beauty”. These references, alongside the image of a slim woman holding a balloon while she pointed to her stomach, and an illustration of a gastric balloon in a stomach, implied that having a body that did not conform to prevailing beauty standards of slimness was a problem that could be rectified by surgery. (Aspro Atlantic Medikal Turizm Ticaret Limited Şirketi, 27 September 2023). The term “mommy makeover” in an ad for tummy tucks and liopsuction was also ruled to be irresponsible because it exploited mothers’ insecurities around body image. (Grand Clinic, 11 October 2023) See Cosmetic Interventions: social responsibility, Social responsibility: Body image, Cosmetic surgery Before and after photos CAP and the ASA regard the use of before and after photos in the same way as testimonials. Marketers should therefore ensure that they meet the requirements of rules 3.45 to 3.48 and 13.1 of the CAP Code, and note that testimonials which are not supported by trials do not constitute adequate substantiation. They should hold signed and dated proof that the photos are genuine and have not been manipulated (Lipstick Gangster Ltd, 12 July 2023). See Weight control: Testimonials, Claims in testimonials and endorsements and Before and After Photos. Pain and safety Liposculpture or liposuction is an invasive surgical procedure that involves sucking fat out of the body to shape the figure. Amongst other claims, marketers should not describe the procedure as “safe”, “painless”, “permanent”, “scar free” or an “alternative to exercise” (May Health Tourism Services, 24 January 2024) (UAB Forma Perfecta, 11 October 2023). See Beauty and Cosmetics: "Non-surgical" and "surgical" type claims. Specific body parts Rule 13.9 stipulates that marketers should not claim that weight can be lost from specific parts of body. In 2012 the ASA upheld a complaint for Non-surgical Ultrasonic Liposuction where the marketer claimed that inches could be lost from the “Stomach, Back, Hips, Legs & Arms" and that losing weight was easy, especially from “stubborn fatty areas like your belly, hips, arms and legs" The ASA upheld the complaint because it is unacceptable to claim that people can lose a precise amounts of weight within a stated period, or that weight or fat can be lost from specific parts of the body, except through invasive procedures. Moreover, claims such as, "The frequency of the sound wave targets fat cells, causing them to turn into a liquefied state" and "Our treatments...get to work on your unwanted fat cells” were considered objective slimming claims. Because the advertiser had been unable to prove the claims, the ASA instructed the advertiser not to repeat them (The Slimline Clinic, 17 October 2012). Consultation Marketers should encourage consumers to take independent medical advice before committing themselves to significant treatments, including those that are physically invasive (Rule 12.3). In the case of surgical procedures, ads should make clear that pre-consultations were required and where those would take place. (Estheday, 10 May 2023) Ad labelling The Code makes clear that marketing communications must be obviously identifiable as such, and they must make clear their commercial intent if that is not obvious from the context. The ASA upheld complaints about a social media ad for liposuction because it did not indicate in the title, thumbnail or caption that the video was an ad and so its commercial intent was not clear. (Doctor Burgos de la Obra SLP 18 October 2023) See Weight control: General, Weight control: Prescription-only medicines, Weight control: Cellulite, Weight control: Garments, Weight control: Exercise devices.
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Crowd funding
Crowd funding is a way in which people and businesses try to raise money from the public, to support a business, project, campaign or individual. The term applies to several internet-based business models. Loan-based and investment-based crowd funding is regulated by the Financial Conduct Authority (FCA). The technical aspects of non-broadcast advertising for such companies are subject to statutory control by the FCA. However as with other financial ads, the CAP Code does regulate “non-technical” aspects of ads for these companies, such as matters relating to offence, social responsibility, superiority claims, fear and distress, competitor denigration and claims that do not relate to specific characteristics of the product. Ads for donation and rewards based crowd funding, where people give money to enterprises or organisations whose activities they want to support, sometimes in return for a reward, service or product, are regulated by the ASA. Individuals or companies seeking donations should be aware that claims made on their pages on crowd funding websites constitute advertising and are subject to the Code. In 2014 the ASA upheld a complaint about company offering protective underwear on Indigogo because the advertisers were unable to support efficacy claims for the product (Wireless Armour Ltd, 13 August 2014).
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Environmental claims: Carbon offsetting and carbon neutral
This article is currently being updated and will be re-published in due course. In the meantime, feel free to contact our Copy Advice team for bespoke advice on your marketing. In 2021 the ASA and CAP launched a Climate Change and the Environment (CCE) project, to respond to the ongoing climate crisis and take action to ensure that environmental claims in advertising are not misleading or irresponsible. Updates about our work in this area are published here. The project consists of several strands, including: Sector-specific reviews, focusing on previous ASA work on these issues, common claims in ads for these sectors, and any recent legislation or developments in understanding of their environmental impacts Research into consumer understanding of different types of environmental claims Targeted investigations, to establish new precedent and take action against advertisers who use green claims in a way that is likely to mislead or cause harm Updates to our existing resources, and creation of new educational material Please see the updated CAP Advertising Guidance on The environment: misleading claims and social responsibility in advertising, and the new e-learning module that covers the rules on Climate Change and the Environment. While this advice represents the current position, the ASA’s CCE project is actively reviewing our approach to these issues, which may lead to further rulings and updates to this guidance.
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Litigation: Specious claims
The ASA previously investigated complaints about solicitors who advertised in a way that irresponsibly generated specious litigation. From 1 April 2019, the Financial Conduct Authority (FCA) assumed responsibility for the regulation of claims management companies, including Personal Injury claims (CMCOB 3.2.8) and "No Win, No Fee" agreements (CMCOB 3.2.9).. Ads for these agreements should adhere to the guidelines given in the ‘Financial promotions and communications with customers’ section of the Claims Management: Conduct of Business sourcebook (CMCOB 3). Ads for products by FCA-regulated businesses (such as claims management companies) are likely to be outside the ASA’s remit. However, as with other financial ads, the CAP Code does apply to “non-technical” aspects of ads for these companies, such as matters relating to offence, social responsibility, superiority claims, fear and distress, competitor denigration and claims that do not relate to specific characteristics of the product. If an advertiser is unsure about the legislation they need to comply with, marketers should seek legal advice. A section on the FCA’s website, entitled Financial Promotions, gives general advice such as ‘Key Issues’ and ‘FAQs’. Please note, however, that the FCA does not pre-approve proposed financial marketing communications for authorised firms - technical guidance is available on specific matters or rule interpretations only, not on the advertisement as a whole. See the FCA’s website for more information www.fca.org.uk.
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Litigation: No win, no fee claims
"No Win, No Fee" commonly refers to schemes which allow lawyers to enter into conditional fee arrangements with their clients. From 1 April 2019, the Financial Conduct Authority (FCA) assumed responsibility for the regulation of claims management companies, including "No Win, No Fee" agreements (CMCOB 3.2.9). Ads for these agreements should adhere to the guidelines given in the ‘Financial promotions and communications with customers’ section of the Claims Management: Conduct of Business sourcebook (CMCOB 3). Ads for products by FCA-regulated businesses (such as claims management companies) are likely to be outside the ASA’s remit. However, as with other financial ads, the CAP Code does apply to “non-technical” aspects of ads for these companies, such as matters relating to offence, social responsibility, superiority claims, fear and distress, competitor denigration and claims that do not relate to specific characteristics of the product. If an advertiser is unsure about the legislation they need to comply with, marketers should seek legal advice. A section on the FCA’s website, entitled Financial Promotions, gives general advice such as ‘Key Issues’ and ‘FAQs’. Please note, however, that the FCA does not pre-approve proposed financial marketing communications for authorised firms - technical guidance is available on specific matters or rule interpretations only, not on the advertisement as a whole. See the FCA’s website for more information www.fca.org.uk. See Litigation: Claims Management.
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Beauty and Cosmetics: Treatments using fillers
The ASA accepts that some cosmetic products can help to give skin a more youthful appearance (see Beauty: Creams) by temporarily reducing the appearance of fine lines and wrinkles. We accept similar claims for “lip fillers”/”dermal fillers”, such as Collagen, Restylane and Perlane, that can be injected under the skin. Unlike Collagen, which is made up of protein, Restylane and Perlane consist of Hyaluronic Acid (HA), which attracts water once injected into the skin. Through binding with water, the skin temporarily has a plumper look filling out lines and wrinkles until the molecules of HA begin to break down. Marketers may refer to fillers as being capable of temporarily reducing the appearance of fine lines and wrinkles but should not suggest either that treatment can cure or rejuvenate skin (rule 12.7) or that lines and wrinkles will be permanently eliminated. Unqualified claims, such as “wrinkle reduction”, are unlikely to be acceptable. Even though dermal fillers are not generally POMs and there is no legal requirement to be over 18 years of age to be given them, marketers should still ensure that their ads are socially responsible. In 2019, the ASA investigated whether a magazine ad for fillers, which said “Is your daughter beginning to take an interest in LIP FILLERS?” was irresponsible. Because the context of the ad did not make the risks clear, presented lip fillers as “normal” for young women and teenagers and something responsible parents should support, the ad was considered irresponsible (Royal Tunbridge Wells Skin Clinic t/a/ rtwskin, 27 February 2019). In a similar vein, in 2017 the ASA investigated whether offering lip fillers as a prize on social media was irresponsible. Whilst the advertiser stated in their response that all entrants had to be over 18 and had to meet relevant criteria before the procedure (and therefore the administration of the prize-giving had been carried out responsibly), because the ad did not make the age-limit clear in the ad, was untargeted and did not include any further information nor terms and conditions, the ad itself was considered irresponsible (What's On Group Ltd, 5 April 2016) See also Cosmetic Interventions: Social Responsibility. Marketers who also sell Botox should note that, because it is a Prescription-Only Medicine (POM), it should not be advertised to the public, either directly or indirectly. If Botox is the only injectable they offer, marketers should not advertise “fillers” because that would be an indirect promotion of a prescription-only medicine. If they also offer Collagen, Restylane or Perlane, marketers may advertise “fillers”. Because of the legislation surrounding the advertising of POMs, marketers of both fillers and Botox/POMs are urged to read our guidance on Beauty and Cosmetics: Botulinum toxin products and Prescription Only Medicine. Marketers who sell Isolagen should note that efficacy claims have yet to be accepted for the product. Marketers wishing to make any claims of efficacy are advised to ensure that they hold robust clinical evidence. See also Beauty and Cosmetics: General and Beauty and Cosmetics: Botulinum toxin products and Guidance on the Marketing of Surgical and Non-Surgical Procedures