There were 773 published rulings in 2014. In May the ASA will publish its Annual Report which will highlight significant rulings from last year as well as the most complained about ads and hot topics. In the meantime, this article selects four rulings which offer a diverse collection of discrete learning points under the Codes.

Naming prize winners – Superdrug Stores plc

When running a prize draw the Code requires that the name and county of major prize- winners are either published or made available on request. This case confirms a previous ruling that providing first names only is insufficient and sets out the ASA’s view that promoters’ responsibilities under the Data Protection Act 1998 are not incompatible with the requirement to disclose the full names (and counties) of major prize winners.

The ruling indicates that including the information on how the data will be made available in the terms and conditions of the promotion is likely to be considered an acceptable way to obtain consent.

Consumer understanding of “everything” – BHS Ltd

The ASA ruled that consumers are likely to understand the discount claim “up to 30% off everything” to mean all products available within a store but that consumers would not expect “products” to include restaurant and cafe services, delivery charges, gift cards or a specialist concession which offered vouchers for experiences.

First ruling on an “On hold” health claim - Pharma Nord (UK) Ltd

The ASA showed that where a health claim which has been submitted to EFSA is “on hold” it will assess the evidence, even where the on hold claim has received a negative opinion but it will deal with any changes to the wording of the submitted claim in the usual way.

This means that advertisers seeking to change the wording of an “on hold claim” must ensure they do not exaggerate claims or change its meaning. In this case the body of evidence submitted to the ASA was not considered sufficiently robust to substantiate the claims in the ad.

And finally …

Advertising potentially offensive products online - Firebox.com Ltd

(ruling contains very strong language)

If marketing a product which is likely to cause serious or widespread offence (in this case an allusion to an expletive); ensure the website includes a clear and prominent warning to potential viewers.

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