UK Law and Practice Contributed by: Huw Morris, Dominic Bray, Nick Swimer and Rebecca Coleman, Lee & Thompson LLP
• restrictions on “junk” food advertising (see 1.10 Taste and Cultural Concerns ); • although not yet enacted (and therefore not yet enforceable), the Tobacco and Vapes Bill intends to ban the advertising of any vaping or nicotine products, and is currently expected to come into force in 2027; and • an intention to expand regulation of digital adver - tising, for example by extending the tenure of the Online Advertising Taskforce for a further 12 months in December 2024. Under the DMCCA, an advertisement is considered misleading if it is likely to deceive consumers or cause the average consumer to make a transactional deci - sion they would not otherwise make. This includes providing false information, omitting crucial facts or deceiving consumers regarding the nature, character - istics or price of a product or service. These principles are reflected in the Codes. 2.2 Regulation of Advertising Claims Claims that cannot be objectively measured, such as opinions or “puffery”, are typically not regulated unless they are likely to mislead. Otherwise, all adver - tising claims (express or implied) must comply with the Codes. Objective claims must be verifiable and substantiated with evidence. Regulators have paid particular attention to vague claims like “natural” or “sustainable”, “green” and “healthy”, increasingly demanding evidence to back up such assertions. 2.3 Substantiation of Advertising Claims The CAP Code requires objective claims to be sup - ported by sufficient documentary evidence; such evi - dence is to be held by the advertiser before the claim is published and provided upon request to the ASA, Trading Standards or the CMA. If a claim cannot be sufficiently substantiated by appropriate evidence, it is likely to be deemed misleading (and therefore a breach of the CAP Code or the DMCCA). The type of evidence required will depend on the claim and the product sector. For example, claims about product performance, environmental impact or health benefits 2. Advertising Claims 2.1 Deceptive or Misleading Claims
continues to be a focus for the ASA, with many com - plaints upheld in the past year, including in relation to in-game advertising. Body Image and Beauty Standards The ASA has reported an uptick in complaints regard - ing “unhealthily thin-looking body types”, and has upheld several complaints relating to misleading advertising for weight loss supplements and beauty products, including the misleading use of digital filters. Gambling Several gambling ads have been subject to adverse ASA rulings for failing to adhere to guidelines requir - ing that such advertising should not appeal to those under the age of 18. High Fat, Salt and Sugar (HFSS) Foods In light of concerns regarding obesity, ads promoting HFSS or “less healthy” foods face ongoing scrutiny. Brands have been penalised for placing HFSS ads in content likely to appeal to younger audiences. From 5 January 2026, “junk” food advertising will be banned in paid-for online advertising and on television before the 9pm watershed under changes to the Commu - nications Act 2003. There are some exemptions for small businesses and brand advertising. Much of the industry has agreed to voluntarily implement the ban from 1 October 2025. Broader Cultural Sensitivities Advertisers should note the Obscene Publications Act 1959, which, subject to certain requirements, makes it illegal to publish or distribute material considered to “deprave or corrupt” those encountering it. Other cultural concerns must also be considered, such as representations of race, religion and disability, all of which must be handled sensitively. Content per - ceived as offensive or reinforcing harmful stereotypes can lead to significant public backlash and regulatory scrutiny. 1.11 Politics, Regulation and Enforcement The current Labour government has outlined a num - ber of measures it intends to implement in the market - ing sphere, particularly relating to public health and safety, including the following:
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