ASA updates round-up – September, October and November 2024

The Advertising Standards Authority (ASA) has issued a series of updates throughout September, October, and November 2024, covering a range of topics including influencer marketing, food advertising, and misleading claims. We have summarised these below: Key Updates: Influencer Marketing: The ASA has partnered with Instagram to raise awareness of its advertising rules among influencers. This follows concerns about influencers not clearly disclosing partnerships with brands. The ASA has also updated its guidance on influencer marketing to provide more clarity on what constitutes an ad. As set out in my previous article, the ASA continue to implement sanctions in the event the CAP or BCAP codes are not adhered to, as the impact of false advertising to consumers is considered a high risk. Food Advertising: The ASA has introduced new rules on ads for “less healthy” food and drink products. These rules are designed to protect children from exposure to unhealthy food and drink ads. The ASA has also published guidance on how to advertise formula milk responsibly. Misleading Claims: The ASA has taken action against a number of ads that made misleading claims. These include ads for weight loss products, skincare products, and health supplements. The ASA has also issued guidance on how to avoid making misleading claims in ads. Other Updates: The ASA has also published guidance on a number of other topics, including affiliate marketing, back care awareness, and vaping. Overall, the ASA’s updates in September, October, and November 2024 have focused on protecting consumers from misleading and harmful advertising. The ASA has also taken steps to ensure that advertisers are aware of their obligations under the advertising code. It is important for all advertisers to be aware of these updates and to ensure that their ads comply with the rules. Specific Examples of ASA Rulings: Influencer Marketing: The ASA has ruled against a number of influencers who failed to disclose partnerships with brands. In one case, an influencer was found to have breached the rules by not clearly disclosing that they had been paid to promote a product. Food Advertising: The ASA has ruled against a number of ads for “less healthy” food and drink products. In one case, an ad for a chocolate bar was found to be in breach of the rules because it was targeted at children. Misleading Claims: The ASA has ruled against a number of ads that made misleading claims about the effectiveness of products. In one case, an ad for a weight loss product was found to be in breach of the rules because it made claims that were not supported by evidence. Looking Ahead: The ASA is committed to protecting consumers from misleading and harmful advertising. The ASA will continue to monitor advertising closely and take action against ads that breach the rules. Advertisers should be aware of the ASA’s rules and ensure that their ads comply. Advertisers should continually examine their current campaigns and implement necessary adjustments to align with the regulations. This may necessitate, among other actions, revising visual elements, re-evaluating the campaign’s core message, and updating advertising strategies. If you would like to find out more information on how to improve your advertising campaigns in line with the required compliance or have any questions concerning the topics discussed, please contact us to speak to a member of our media and entertainment team