UK Trends and Developments Contributed by: Huw Morris, Dominic Bray, Nick Swimer and Rebecca Coleman, Lee & Thompson LLP
Clamping down on the advertisement of weight loss prescription-only medicines The Advertising Standards Authority’s (ASA) Enforce - ment Notice, released on 11 April 2025, confirmed a firm stance on advertising prescription-only medicines (POMs) for weight loss. A POM must be prescribed by a doctor or other authorised health professional, and it must be dispensed from a pharmacy or from another specifically licensed place. The ASA’s rulings make it clear that even indirect refer - ences, such as “weight loss jab” or “slimming pen”, or visuals of injection devices, constitute a breach of the CAP Code. Brand compliance with the explicit nam - ing of POMs in advertising is improving, with the ASA finding a 99% compliance rate, but it also observed widespread indirect advertising – companies using imagery or wording to market POMs without explicitly naming the product. However, POMs have different regulations applied to them compared to ordinary over-the-counter medi - cines, which can be freely showcased to consum - ers, provided that the advertising is accurate and not deceptive. In 2026, the ASA is likely to continue to see this as a priority focus, particularly regarding repeat offenders, and will place increased focus on social media and influencer-led marketing. Advertisers should note that, under the current rules, there is an absolute ban on advertising POMs to the public. CAP publishes advice on disclosing AI in advertising In May 2025, the Committee of Advertising Practices (CAP) published advice on disclosing the use of AI in advertising, in which it says that AI is not yet creating challenges or unique issues that require revisiting the CAP and BCAP Codes (Codes). CAP notes that the existing Codes continue to apply to content, regardless of how the content is gener - ated, edited or targeted, and points to the fact that advertisers have always engaged in post-production techniques without the need for disclosure and with - out producing materially misleading content.
While CAP says in its latest guidance that the use of AI in advertising will not necessarily mean that an ad is more misleading than traditional advertisements, it reserves its position in the ever-changing AI land - scape. As the world of AI continues to evolve, it will be inter - esting to see if CAP’s position holds throughout 2026. Rules in other countries and industry-led guidance and initiatives, such as the Institute of Practitioners in Advertising (IPA) and ISBA’s 12 guiding principles for the use of generative AI, encourage reflection on whether disclosure may be appropriate in certain cir - cumstances. To avoid misleading customers, CAP recommends that marketers consider two key questions when determining if disclosure is appropriate under the existing Codes. • Is the audience likely to be misled if the use of AI is not disclosed? • If there is a danger of the audience being misled, is disclosure clarifying the ad’s message or contra - dicting it? Accordingly, in this respect, context is key. Green claims – the UK maintains aggressive greenwashing enforcement Both the CMA and ASA have prioritised addressing misleading green claims. The ASA is clamping down on misleading ads, while the CMA has developed the Green Claims Code to help businesses verify their environmental claims. In 2026, the ASA is expected to continue issuing rul - ings in this area. Furthermore, the CMA can now issue fines of up to 10% of global turnover (under the DMC - CA) for companies making misleading environmental claims. Companies engaging in such practices there - fore risk reputational damage and substantial fines. The EU will introduce two key pieces of legislation in respect of this: the Directive on Empowering Consum - ers for the Green Transition (EmpCo) and the Green Claims Directive. While these do not apply to cam - paigns in the UK, they impact UK advertisements in
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