Advertising and marketing

Contact: Oliver Bray and Rupert Cowper-Coles

Advertising and marketing

New IPA Chair for England & Wales appointed

On 24 September 2024, the Institute of Practitioners in Advertising (IPA) announced the appointment of James Ray as the new IPA Chair for England & Wales, succeeding Richard Aldiss. James Ray is the CEO of Armadillo and has served as IPA City Head for Bristol, Cardiff and the southwest since 2022.

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CAP and BCAP publish final statement on body image in advertising

The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have published their final statement regarding body image in advertising, following a call for evidence into the following areas:

digitally altered images in advertising
depiction of muscularity in advertising
depiction of women from minority ethnic backgrounds, and the potential creation of new, unattainable body image ideals.

The conclusion reached is that there is no need to introduce further regulation at present.

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Advertising and marketing

The Digital Markets, Competition and Consumers (DMCC) Act

In May 2024 the DMCC received Royal Assent. Comprised of five different parts, parts one, two and five will come into force in either December 2024 or January 2025. The DMCC Act will protect small businesses, increase innovation as well as growth, and save consumers money.

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Ofcom: prohibiting inflation-linked price rises

New rules and guidance from Ofcom, regarding inflation price rises, will apply from 17 January 2025. This means that telecoms or pay television providers must set out, in pounds and pence, any price rises included in their contracts, before a consumer signs up.

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CMA cautions will writing and legal service providers

The CMA has written to legal and will writing providers warning them to comply with their consumer protection obligations. These services, as alternatives to high-street solicitors, are an unregulated, yet growing part of the legal sector. The CMA is also issuing tailored guidance for businesses in the sector, as well as consumer guides for people making a will or going through a divorce.

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New rule restricting broadcast ads for qualifying cryptoassets

The Broadcast Committee of Advertising Practice (BCAP) has laid out a new rule banning adverts for certain types of cryptoasset products from being broadcast to mainstream, non-specialist audiences. In its update, BCAP outlines how these qualifying cryptoassets are categorised, and how adding this category explicitly to the existing Code will maintain existing restrictions, whilst adding more precision to the rule to acknowledge this broad category of investments that didn't exist when the rule was created.

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ASA releases briefing note on vape advertising

The Advertising Standards Authority (ASA) has issued a briefing note on vape advertising in the UK, addressing growing concerns about the promotion of vaping products, especially to young people. The note outlines current advertising rules, which prohibit vape ads in most media, including TV, radio, and online platforms. Where permitted, ads must be responsible and not appeal to under-18s. The ASA has intensified monitoring efforts, particularly on social media, using AI-assisted systems to identify non-compliant ads. Recent enforcement actions include issuing notices to vaping brands and removing problematic content from platforms like TikTok. The ASA is collaborating with other regulators and platforms to reduce under-18 exposure to vape ads and is prepared to adapt its codes to reflect any future legislative changes announced by the government.

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Advertising and marketing

Black Friday sales advertising guidance

The Advertising Standards Agency (ASA) has published guidance for companies ahead of Black Friday and the start of sales season, to ensure that they remain compliant to the CAP Code. For instance, savings claims to be genuine and avoid exaggerations, with maintained evidence of RRPs and price comparisons. The ASA is also reminding that promotions exceeding their original closing date are not compliant with the rules, and that availability of items needs to be ensured or provide clear information on its limitation.

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