Register of BCAP Code changes

This page lists substantive rule changes made to the BCAP Code since it was published in 2010.

It does not list administrative changes, for example where references to legislation, licensing or other bodies have been updated without impacting the effect of the rules, or changes to introductory passages or similar which describe, for example, the scope of the sections involved.

For further information, please refer to the following list of relevant legislation affecting advertising:

Legislation affecting advertising.pdf

BCAP Code sections containing changes:

03 Misleading advertising
08 Distance selling
09 Environmental claims
10 Prohibited categories
11 Medicines
13 Food
26 Advice on personal problems
32 Scheduling
33 Electronic Cigarettes

03 Misleading advertising

Amendment to 3.19, was:

Quoted prices must include non-optional taxes, duties, fees and charges that apply to all or most buyers. VAT-exclusive prices may be given only if all or most consumers pay no VAT or can recover VAT; advertisements that quote VAT-exclusive prices must prominently state the amount or rate of VAT payable if some consumers are likely to pay VAT.

Amendment to 3.35, was:

They must objectively compare one or more material, relevant, verifiable and representative feature of those products.

Amendment to 3.39, was:

Advertisements that include a price comparison must state the basis of the comparison. Comparisons with a competitor price must be with the price for an identical or substantially equivalent product and must explain significant differences between the products. If the competitor offers more than one similar product, marketers should compare their price with the price for the competitor’s product that is most similar to the advertised product.

08 Distance selling

Addition of 8.6:

This rule must be read in conjunction with Directive (EC) No 2010/30/EU and the Energy Information Regulations 2011 on labelling and standard product information of the consumption of energy and other resources by energy-related products and its subsequent delegated regulations. The Directive introduces an information and labelling framework whereby delegated regulations will detail which products need to contain an energy efficiency rating or fiche. The rule only applies to products which are subject to a delegated regulation.

For more information on delegated regulations, go to http://ec.europa.eu/energy.

Advertisers must make product fiche information available about products that fall under delegated regulations to consumers before commitment.

09 Environmental claims

Addition of 9.9:

This rule must be read in conjunction with Directive (EC) No 2010/30/EU and the Energy Information Regulations 2011 on labelling and standard product information of the consumption of energy and other resources by energy-related products and its subsequent delegated regulations. The Directive introduces an information and labelling framework whereby delegated regulations will detail which products need to contain an energy efficiency rating or fiche. The rule only applies to products which are subject to a delegated regulation.

For more information on delegated regulations, go to http://ec.europa.eu/energy.

Advertisements for specific energy-related products, subject to a delegated regulation, that include energy-related information or disclose price information must include a reference to the product’s energy efficiency class i.e. in the range A+++ to G.

10 Prohibited categories

Amendments to 10.1.3, was:

…all tobacco products. Also non-tobacco products or services that share a name, emblem or other feature with a tobacco product (as provided for by rule 10.4), rolling papers and filters.

Amendments to 10.1.7, was:

products for the treatment of alcohol and illegal-substance dependence.

Addition to Tobacco section:

These rules do not apply to advertisements for electronic cigarettes which are regulated by section 33.

11 Medicines

Amendments to 11.11, addition of new 11.11.1 / .2:

Advertisements for services offering advice on unplanned pregnancy must make clear in the advertisement if the service does not refer women directly for a termination. Given that terminations are lawful only in some circumstances, and are subject to particularly stringent requirements in Northern Ireland, advertisers may wish to seek legal advice before advertising.

Radio Central Copy Clearance – Radio broadcasters must ensure advertisements for family planning centres are centrally cleared.

Amendments to 11.13.3, was:

Advertisements must not contain offers to prescribe or treat remotely (including by phone, post, e-mail or fax). That does not preclude advertisements containing offers to distribute general information on health-related matters, such as leaflets or information packs.

Amendments to 11.18.2, was:

must not claim that smoking is safer while the habit is being reduced.

Pricing (Price comparisons and VAT claims in advertising)

13 Food

Amendments to Principle, was:

Public health policy increasingly emphasises good dietary behaviour and an active lifestyle as a means of promoting health. Commercial product advertising cannot reasonably be expected to perform the same role as education and public information in promoting a varied and balanced diet but should not undermine progress towards national dietary improvement by misleading or confusing consumers or by setting a bad example, especially to children. The spirit, as well as the letter, of the rules in this section applies to all advertisements that promote, directly or indirectly, a food or soft drink product.

Amendments to Background, was:

These rules must be read in conjunction with the relevant legislation including the Food Safety Act 1990, the Food Labelling Regulations 1996 (as amended), especially Schedule 6 and Regulation (EC) No 1924/2006 on Nutrition and Health Claims made on Foods. They apply to all broadcast advertisements for food products.

Regulation (EC) No 1924/2006 on Nutrition and Health Claims made on Foods is complex and mandatory and seeks to protect consumers from misleading or false claims. Specific conditions of use associated with authorised health and nutrition claims are determined at a European level. Transitional periods apply and broadcasters are advised to take advice on the effect of the Regulation. Advertising industry stakeholders might find the Guidance to Compliance with European Regulation (EC) No 1924 on Nutrition and Health Claims Made on Foods published by the Food Standards Agency useful: www.food.gov.uk.

References to food apply also to soft drinks.

Addition to Definitions:

For the purposes of the rules in this section:

‘Nutrition claim’ means any claim which states, suggests or implies that a food has particular beneficial nutritional properties due to:

(a) the energy (calorific value) it provides; provides at a reduced or increased rate; or does not provide; and/or

(b) the nutrients or other substances it contains; contains in reduced or increased proportions; or does not contain;

‘Health claim’ means any claim that states, suggests or implies that a relationship exists between a food category, a food or one of its constituents and health.

‘Reduction of disease risk claim’ means any health claim that states, suggests or implies that the consumption of a food category, a food or one of its constituents significantly reduces a risk factor in the development of a human disease.

References to food apply also to drink products.”

Amendments to 13.4, was:

Only nutrition claims listed in the Annex of Regulation 1924/2006 are permitted in advertisements.

Authorised health claims in the Community Register or claims that would have the same meaning for the audience may be used in advertisements:
www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/authorised_health_claims_en.htm

Depending on the nature of the claim Regulation 1924/2006 contains a number of complex transitional periods, including those for health claims which are still being assessed for adoption to the EU list of permitted health claims (and which comply with existing national provisions) and for trade marks or brand names in use prior to 1 January 2005. There is no transition period for disease risk claims which are prohibited until authorised. BCAP advises advertising industry stakeholders to take advice on the effect of the Regulation.

Amendments to 13.4.1, was:

Nutrition claims or claims that would have the same meaning for the audience, must comply with the criteria in the annex of Regulation 1924/2006. The Annex provisions can be found at: www.ec.europa.eu/food/food/labellingnutrition/claims/community_register/nutrition_claims_en.htm”

Amendments to 13.4.2, was:

“Advertisements that contain nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim. Advertisements must not give a misleading impression of the nutrition or health benefits of the product as a whole and factual nutrition statements should not imply a nutrition or health claim that cannot be supported. Claims must be presented clearly and without exaggeration.

Amendments to 13.4.3, was:

“References to general benefits of a nutrient or food for overall good health or health-related well-being are acceptable only if accompanied by a relevant authorised claim.”

Amendments to 13.6.2, was:

“Claims that state or imply a food prevents, treats or cures human disease. Reduction-of-disease-risk claims are acceptable if authorised by the European Commission.”

Amendments to Food Supplements and other Vitamins and Minerals, was:

“BCAP advises advertising industry stakeholders to ensure that claims made for vitamins, minerals and other food supplements are in line with the requirements of Regulation 1924/2006.”

Amendments to 13.7.1, was:

“Nutrition and health claims for food supplements must be permitted or authorised as provided for at rule 13.4 above. Advertisements that contain Nutrition or health claims must be supported by documentary evidence to show they meet the conditions of use associated with the relevant claim, as specified by the European Commission.”

Amendments to Infant and Follow-on Formula, was:

“These rules must be read in conjunction with the relevant legislation including the Infant Formula and Follow-on Formula Regulations 2007 (as amended) and the Regulation 1924/2006.”