Follow the rules on advertising and marketing

Two layers of rules apply to your advertising. The advertising codes are written and enforced by the industry's self-regulator. The law sits behind them and is enforced by public bodies.

The Advertising Standards Authority (ASA) applies the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, known as the CAP Code. It covers adverts in print, online, by email and text, on posters and in cinemas, and marketing on your own website and social media accounts when it relates to what you sell. It does not cover TV and radio adverts, which follow the BCAP Code, or packaging, press releases and private correspondence with customers. Its central principle is that marketing must be legal, decent, honest and truthful.

Get the basics right

Hold evidence for every objective claim

Before you publish a claim that readers will take as a fact and that can be proved, you must hold documentary evidence for it. Without adequate evidence the ASA may treat the claim as misleading. Obvious exaggeration that nobody would take literally is allowed, but a qualification must not contradict the claim it qualifies, and you cannot present rights that customers already have in law as a special feature of your offer.

Quoted prices must include non-optional taxes, duties, fees and charges. VAT-exclusive prices are acceptable only where everyone the advert is addressed to pays no VAT or can recover it, and then the advert must state the VAT clearly.

Make clear that an advert is an advert

Marketing must be obviously identifiable as marketing. Do not pretend to be acting as a consumer, make clear the commercial intent where the context does not, and head advertorials as advertisements. If you pay or reward someone, such as an influencer, to promote you, what they post is your marketing and must be labelled clearly.

Use testimonials and reviews honestly

Compare yourself with competitors fairly

You can compare yourself with an identifiable competitor if the comparison is not misleading, covers products meeting the same needs, objectively compares material, relevant, verifiable and representative features (which may include price), does not confuse customers about who is who, and does not discredit or take unfair advantage of the competitor's trade marks. Unqualified claims to be the best are treated as comparisons against every competitor, so you need evidence unless they are plainly puffery.

Check the consumer protection law

Check the rules for your product

The CAP Code has separate sections for children, promotional marketing, distance selling, environmental claims, medicines and health products, weight control, financial products, food and nutrition claims, gambling, lotteries, alcohol, motoring, employment and business opportunities, tobacco and electronic cigarettes. If your product or audience falls into one, its section applies on top of the general rules.

If a complaint is made

Anyone can complain to the ASA about your advert. If it upholds the complaint, it publishes the ruling and expects you to withdraw or change the advert. You can ask the Committee of Advertising Practice for advice on a draft advert before you publish it; there may be a charge for individual support.