UK Law and Practice Contributed by: Huw Morris, Dominic Bray, Nick Swimer and Rebecca Coleman, Lee & Thompson LLP
1.7 Self-Regulatory Authorities The Codes are administered by the ASA and require that all advertising is “legal, decent, honest and truth - ful”. They include general rules regarding misleading marketing, social responsibility, harm and offence, and specific rules on issues such as marketing to children, gambling and environmental claims. The ASA responds to complaints from consumers and businesses and also acts of its own volition, often focusing on particular industries or practices in response to consumer protection concerns or wider societal issues. Complaints are resolved informally (often following agreement to amend or withdraw the advertisement) or formally (through a complaints process leading to published rulings). While the ASA cannot impose fines or compel particu - lar action, it can refer offenders to other authorities and threaten adverse publicity through published rulings (see 1.2 Enforcement and Regulatory Authorities ). It also works with media owners to prevent ongoing publication of non-compliant advertising or to compel pre-clearance in future, with search engines to restrict paid-search advertising, and with social media plat - forms to disable access to non-compliant content. 1.8 Private Right of Action for Consumers Consumers have certain rights of private action regarding misleading advertising, and may pursue legal action for misrepresentation if they are induced into entering into a contract by misleading or decep - tive advertising. Failure by businesses to deliver on promises made in advertising can also lead to breach of contract claims by consumers. Remedies include damages (for financial losses), refunds and rescis - sion, allowing consumers to cancel contracts based on misleading advertising. In some cases, injunctions may be obtained to stop ongoing deceptive practices. Consumers can report breaches of the DMCCA to regulatory bodies like the CMA (see 1.2 Enforcement and Regulatory Authorities ). For unfair commercial practices occurring prior to 6 April 2025, private action must be brought under the previous legal framework of the CPRs. New consumer rights of action under the
DMCCA will be set out in secondary legislation; until then, consumers must also rely on the CPR regime to bring any claims for breach of the DMCCA. However, private legal action is limited under the CPRs and is difficult in practice, and there is currently no right to damages or compensation (other than through court action). Consumers can also turn to various ombudsmen ser - vices for certain regulated industries. For example, for financial services disputes, the Financial Ombuds - man Service can award compensation and require businesses to correct their mistakes. This can offer a quicker and more accessible alternative for financial- related complaints. 1.9 Regulatory and Legal Trends There has been a continuing focus on health, online safety and transparency, environmental claims and greenwashing, and ongoing discussions regarding the regulation of AI. Online safety remains prominent fol - lowing the enactment of the Online Safety Act (OSA) in 2023, and the DMCCA has attempted to address harmful online choice architecture (see 3.3 Dark Pat- terns ) and other deceptive practices. There has been regulatory action regarding deceptive financial pro - motions and crypto advertising, and concerns around brand safety within programmatic media buying. Reg - ulatory attention has likewise focused on cookie com - pliance, the use of AI and ongoing issues around the disclosure of commercial relationships by influencers. The DMCCA and the CMA’s enhanced powers, in par - ticular, represent a very significant shift in the enforce - ment of (and thus compliance with) consumer protec - tion laws. 1.10 Taste and Cultural Concerns Advertisers must be sensitive to various cultural and taste concerns to avoid causing offence and breach - ing the Codes. These include the following. Gender Representation The ASA has been vigilant on gender representation following its 2019 ban on harmful gender stereotypes in advertising. In March 2025, the ASA ruled that a Diesel ad breached rules on social responsibility and harm and offence for “sexualising” a celebrity. This
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