Is "Big Brother" watching you?
22 May 2007
Consumers have to trust the claims advertisers make at face value; the Monitoring team can ask to see the evidence.
The Great British Public does a good job as watchdog for advertising: with nearly 22,500 complaints to the ASA last year, consumers know when they see something they aren’t happy with! Their work, in conjunction with ASA’s Complaints and Investigations teams, is supplemented by CAP’s monitoring team, which can spot problems even the most beady-eyed consumer might miss.
Misleading ads constitute the most frequent type of code breach and, for some industry sectors, notably health and beauty, most members of the public will simply not be aware of something in an ad as being a problem. That is where the Monitoring team’s role in checking ads against the Codes comes in.
The need to substantiate claims Section 3.1 of the CAP Code makes clear the requirement for advertisers to hold evidence for claims:
3.1 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove all claims, whether direct or implied, that are capable of objective substantiation. Relevant evidence should be sent without delay if requested by the ASA or CAP. The adequacy of evidence will be judged on whether it supports both the detailed claims and the overall impression created by the marketing communication. The full name and geographical business address of marketers should be provided without delay if requested by the ASA or CAP.
Section 50.1 of the Code clarifies this:
50.1 Medical and scientific claims made about beauty and health-related products should be backed by evidence, where appropriate consisting of trials conducted on people. Where relevant, the rules will also relate to claims for products for animals. Substantiation will be assessed by the ASA on the basis of the available scientific knowledge.
The CAP Help Note on Substantiation for Health, Beauty and Slimming Claims provides more information.
A new Monitoring team for a new advertising age
In the past, monitoring of non-broadcast media was carried out by our Compliance team but, after OFCOM contracted-out the regulation of broadcast ads in November 2004 and bearing in mind increasing numbers of TV Teleshopping Channels, we established a separate Monitoring team in April 2006.
The Monitoring team draws the attention of advertisers and media owners to ads it identifies as clear breaches of the Code and seeks assurances for their withdrawal or amendment. In the last 10 months, the team has identified through monitoring more than 200 ads that breached the Code and secured assurances that advertisers would withdraw or amend their ads. And, if it sees a suspect ad, the team might ask the advertiser to justify the problematic claims.
It’s all about ensuring a ‘level playing field’ for advertisers. That helps ensure consumers are protected and responsible advertisers can be certain they can carry on promoting their products without rogue operators gaining an unfair competitive advantage.
The best way to avoid a call from our Monitoring team, or from the ASA, is to ensure that your ads and promotions comply with the relevant CAP or BCAP Code.
Getting ads right before they appear
The Copy Advice team can help you make sure your non-broadcast ad is likely to comply with the CAP Code and that you have all the substantiation you need for your claims. Consult it on 020 7492 2100 or copyadvice@cap.org.uk for free advice. The BACC and RACC can advise you on the requirements of BCAP’s Radio and TV Codes.