Regulations that affect advertising

Advertising to consumers The Consumer Protection from Unfair Trading Regulations mean you cannot mislead or harass consumers by, for example: including false or deceptive messages leaving out important information using aggressive sales techniques Read ‘The consumer protection from unfair trading regulations’ for the rules on advertising legally. Advertising to businesses Advertising to businesses is covered by the Business Protection from Misleading Marketing Regulations. As well as being accurate and honest, you must not make misleading comparisons with competitors, that includes: using a competitor’s logo or trademark, or something very similar comparing your product with a competitor’s product that’s not the same Download ‘The Business Protection from Misleading Marketing Regulations 2008’ for more detail about the regulations that cover advertising to businesses. Download ‘The Business Protection from Misleading Marketing Regulations 2008’ (PDF, 80KB) Penalties If you break the regulations, you could be reported to a local Trading Standards office . You could be fined, prosecuted or imprisoned.

Describing your product

You must describe your product accurately. This means if you make a claim about your product, you must be able to prove what you say. Prices Your adverts must describe the actual cost accurately, including any ongoing or associated costs (like subscription fees) and taxes (such as VAT ). Example A customer pays £50 a product, without being told the price does not include VAT . This was not explained in the advert, so the advert is misleading.

You must check if customers want to be contacted by fax, phone, post or email, and give them the chance to object. You must be able to prove you’ve done this. When you collect customer details, you must get their permission if you want to send them other offers or promotions. You must also ask for their permission if you want to share their information with another organisation. Letting customers opt out Customers have the right to stop their information being used for direct marketing. You must make it easy to opt out - for example by sending a ‘STOP’ text to a short number, or using an ‘unsubscribe’ link. Telesales and fax marketing You must say who you are when you make a telesales call, and give your address or phone number if you’re asked for it. The number for customers to call must be a freephone number. You’re not allowed to send marketing faxes to individuals unless you’ve received their prior permission, but you can send unsolicited faxes to companies. You must be able to prove that you’ve checked you’re not contacting anyone who does not want to be contacted. Check who’s asked not to receive calls or faxes using the: Telephone Preference Service Fax Preference Service It’s illegal to phone or fax someone registered with these services if you do not have their permission. You can be fined up to £500,000 for each unsolicited phonecall. Automated calls If you want to make automated calls - with pre-recorded phone messages - you must get the permission of the individual or business first. Direct mail Check that your mailing lists do not include anyone who’s asked not to receive direct mailing, using the Mail Preference Service . Email marketing and text messages You’re only allowed to send marketing emails to individual customers if they’ve given you permission. Emails or text messages must clearly indicate: who you are that you’re selling something what the promotions are, and any conditions Check that you are not sending emails to anyone who’s asked not to receive them, using the Email Preference Service . If you buy or rent a mailing list, ask the supplier if you have the right to use it for email marketing. Every marketing email you send must give the person the ability to opt out of (or ‘unsubscribe from’) further emails. You must tell customers if you add them to a list of people who do not want to be emailed. Cookies You must tell visitors to your website how your site uses cookies, and ask if they want to accept them. The information should be easy to understand. Find out more about cookies on the Information Commissioner’s Office website and AboutCookies.org . Customers can complain if you misuse their information, and you could be ordered to pay a fine or compensation.

Marketing and advertising: the law

Overview

All marketing and advertising must be:

an accurate description of the product or service
legal
decent
truthful
honest
socially responsible (not encouraging illegal, unsafe or anti-social behaviour)

There are regulations that restrict what advertisers can and cannot do.

As well as the regulations, there are 2 advertising codes of practice that you need to follow to help you advertise legally.

You must describe your product or service accurately.

Requirements for specific products

There are also specific requirements that apply to certain sectors, such as:

food
alcohol
beauty products
environmentally friendly products
medicines
tobacco

For example, you can only claim your drink is ‘low in alcohol’ if it contains between 0.5% and 1.2% alcohol by volume.

Data protection

If you’re gathering, storing or using information about customers or potential customers, you must also protect their data.

View a printable version of the whole guide

Marketing and advertising: the law

Overview

Requirements for specific products

Data protection

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Marketing and advertising: the law

Overview

Requirements for specific products

Data protection

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