Free? ‘Free’ is a very valuable term to traders and the rules prevent its
abuse. In principle, the rules state that an advert cannot describe something as ‘free’ or ‘without charge’ if the consumer has to pay anything other than the cost of delivery. ‘Free trial’ cannot be used, money back offers where a non-refundable purchase is required and an advert must state if a ‘free’ product is of a lesser quality compared to a charged for product. ‘Free’, in other words, has to have an additional benefit to
the consumer.
Available Unless businesses want to suffer the wrath of unhappy
customers – and the ASA – they need to estimate the demand for anything they advertise. So if stock is limited, the advert should state as such. Again, an advert cannot mislead by missing out detail on the
location and availability of products – and by extension, advertisers need to monitor stocks and when sold out, stop the advertisement. Bait and switch tactics are prohibited where, for example, an advertised product is unavailable and another product is promoted instead. Allied to this, an advert must not claim that a firm is about to close down or that the product will only be available for a short period of time – this removes the consumer’s ability to make an informed choice.
Guarantee Consumer guarantees are also dealt with by the Code. The rules
state that the word ‘guarantee’ must not be abused so as to confuse consumers; guarantee limitations must be detailed in the advert; the advertiser mustn’t state – or suggest – that after sales service is available in an EEA country where the product isn’t sold; and any advertised money back guarantee must be honoured promptly.
Testimonials As with claims made about the features of a product,
endorsements or testimonials need to backed up on paper (unless they’re obviously fictitious). Any testimonials used must be with permission and the advertiser cannot claim to be endorsed or a member of a body to which it doesn’t belong.
No harm The Code bans anything that is likely to cause harm or offence,
especially on the grounds of race, religion, gender, sexual orientation, disability or age. But just because an advert doesn’t breach this doesn’t mean that it cannot cause offence. Also, adverts mustn’t cause fear without good reason. There is detail on how to construct adverts aimed at children,
most of which is common-sense – not showing them close to dangerous items, not inducing them to copy unsafe practices, not promoteing products unsuitable for children, not creating undue pressure to buy, not creating a ‘nag factor’ to parents and so on.
Sales Promotions Sales promotions – money off, 2 for 1 offers, competitions etc. - that give consumers an incentive are prescribed. Again, promoters need to be seen to be fair, prompt and efficient with their offers and must avoid causing unnecessary disappointment. The rules cross many of the areas already covered – availability, no harm, pricing and not misleading.
Other areas The Code runs into areas that are covered by the Distance
Selling Regulations 2000 (as amended) and the Data Protection Act. The Code doesn’t override these laws, it is designed to complement them. If this is an area new or unfamiliar to you, take a look at
http://www.oft.gov.uk/shared_oft/business_ leaflets/general/oft698.pdf for guidance.
Breaches Anyone can complain about an advert to the ASA and it will be
investigated if it’s within their remit. Failure to follow a ruling, if a complaint is upheld by the ASA, can lead to publishers withholding future advertising space; a withdrawal of trading privileges such as Royal Mail bulk mail discount; the pre-vetting of new advertising material; and internet search engines removing links to paid for online advertisements. Further, full details of the complaint may be published on the ASA website. At the extreme, those who refuse to comply with the ASA over
an issue that involves unfair or misleading advertising, face referral to the Office of Fair Trading for possible prosecution if the law has been breached. Those found guilty of an offence under the Consumer Protection Regulations 2008 could face on conviction in the Magistrates' Court, a fine up to £5,000; on conviction in the Crown Court, a fine or imprisonment up to 2 years, or both. The ASA do say that they proactively monitor the media and
make contact with advertisers where they find problems. Again, if an advertiser refuses to comply, even though no public complaint has been lodged, the sanction process will begin. The rules surrounding advertising involve common sense, the
Consumer Protection Regulations 2008 and treating consumers fairly. None of it is rocket science.
More information Advertising Standards Authority -
http://www.asa.org.uk/Resource-Centre.aspx Detail can be found here on preventing breaches, guides to aid compliance and useful links. Committee of Advertising Practice -
http://bcap.org.uk/The-Codes/CAP-Code.aspx Full copies of the Code can be ordered or downloaded here.
Leafleting One tactic businesses use to promote a business is through leafleting. A report on the BBC website indicates that more than a quarter of councils are using the Clean Neighbourhoods and Environment Act 2005* to charge for permission to leaflet in public areas or restrict the practice. Sheffield, for example, is charging £75 per year for a permit to leaflet (the penalty is £2500). Of course owners of private land – say supermarket car parks – have their own rules and you’ll only be committing trespass if there’s a notification stating no leafleting or if you’re asked to leave the land and refuse. Similarly, you can put leaflets through letter boxes – there’s an implied right to do so – unless told specifically not to. Putting leaflets under windscreen wipers may be fine in terms of trespass but you might end up in hot water should your leaflet be discarded in the street by the vehicle owner.
*
http://www.legislation.gov.uk/ukpga/2005/16/contents
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