Marketing Matters | Review of August 2026

ASA Rulings

Recent ASA rulings and CMA developments provide a useful reminder of where regulatory scrutiny is currently focused. In August, the ASA published 18 rulings – a fairly significant drop from previous months.

Based on the key themes emerging from this month's ASA decisions, we have set out the practical steps that legal and marketing teams should consider taking now.

1. Ensure all food adverts comply with the rules on advertising Less Healthy Foods ("LHFs")

Advertisers should review the ASA's guidance on advertising LHFs and ensure that their advertising meets the ASA's requirements. In particular, for any adverts where a food product is featured advertisers should think carefully about whether any identifiable products shown in advertising material are LHFs.

Why? LHF advertising has been a key focus for the ASA since the new rules on LHFs came into effect in January 2026, and two further rulings this month show that the ASA is not letting up. A key principle highlighted by this month's rulings is that the ASA will take action against adverts where an "identifiable" LHF is featured, with "identifiable" meaning where a consumer could reasonably identify that the advert is for a specific product. In the first ruling (relating to Costcutter), two adverts were considered – the complaint was upheld against the second advert as it was for specific chocolate products. However, the complaint against the first advert was not upheld because it was a generic advert for a chocolate brand (which are largely exempt from the LHF rules). Other rulings this month reinforced this position – a Thorntons advert showing chocolate that could not be identified as a specific product did not breach the rules, while an advert for a Yo Sushi dessert that referred to a specific LHF product did (even though no images of the product were shown).   

2. Ensure that sufficient stock is available to meet promotion demand

When running a promotion or giveaway, advertisers must ensure that there are a reasonable number of products available to meet consumer demand. Stating that the promotion is available "while stocks last" or similar does not remove this obligation. When estimating consumer demand for promotional items, retailers must ensure that their projections are reasonable and are supported by sufficient data. Retailers should also consider introducing a system to track information relating to demand for promotions, including collecting information on any issues caused by insufficient supply.

Why? It is a breach of the CAP Code to cause unnecessary disappointment to customers, and this can be an issue in the context of promotions or special offers. In a ruling in August against Boots, the ASA decided that a major pharmacy had fallen foul of this when a customer was unable to redeem a voucher for a free moisturiser. In particular, the pharmacy had:

• Based its projections for the stock it needed to meet demand on a previous promotion that ran for six days, where the current promotion ran for just one day – the ASA considered that the shorter timeframe would concentrate demand, rendering the projections inaccurate
• Not implemented any system to track whether stores had run out of stock during previous promotions
• Directed customers unable to redeem vouchers due to a lack of stock to other stores, which the ASA said was not a sufficient remedy
• Not ensured that enough of its stores were carrying the promotional product – the ASA considered that the wording of the advert required the product to be available in "almost every" store, and this was not the case.

3. Ensure that any comparisons are accurate

When making any statements comparing themselves to a competitor, retailers must ensure that the statement is accurate based on what consumers are likely to understand from it. In particular, if the claim is made on the basis of a specific piece of evidence or methodology, information about the basis of the claim must be clearly made available to customers. Retailers should carefully consider what the average consumer is likely to understand from their statement (based on available information).

Why? Comparisons, including the basis on which the comparison is made, must be clear and not misleading. In a ruling against Hotpoint, an appliance manufacturer's claim to be "The UK's most trusted appliance brand" was based on the fact that it had more 5-star reviews on Trustpilot than other brands that it had identified as "major domestic appliance brands" in a 2023 survey. However, this was not made sufficiently clear, and the ASA decided that the average consumer would not understand that this was the basis for the comparison. The claim was therefore misleading. 

ASA/CMA Updates

Advice for Jewellery ads

The ASA has published advice highlighting common compliance risks in jewellery advertising, drawing on recent rulings concerning promotions, body image and pricing claims. The guidance reminds advertisers that urgency claims, such as stating that a collection is "closing" or promoting a "last chance" discount must be genuine and include any significant conditions. It also warns that jewellery ads must be socially responsible, including avoiding any imagery that portrays models as unhealthily thin. Finally, advertisers making claims about market value, resale prices or competitor pricing must adequately substantiate those claims and ensure that products used in price comparisons are substantially equivalent.

Action: Jewellery brands and retailers should review their promotional pricing to ensure that urgency claims are in fact genuine, pricing and comparison claims are properly substantiated and that visual imagery used complies with the CAP Code's social responsibility requirements.

ASA publishes back-to-school advertising guidance

The ASA has published new guidance to help advertisers ensure their back-to-school campaigns comply with the CAP Code. The guidance highlights that advertisements for high fat, salt and sugar (HFSS) products aimed at under-12 year olds must not include promotional offers, celebrities or licensed characters popular with children. Advertisers should also ensure any school-related competitions and promotions include a prominent closing date and communicate all applicable significant conditions. Extra care should be taken when featuring or addressing children in marketing communications, including avoiding phrasing any invitations to purchase products as commands and avoiding direct appeals to children to buy your school-related products or encouraging them to persuade their parents or other adults to buy an advertised product for them.

Action: Businesses running back-to-school campaigns should review child-targeted advertising and promotions to ensure appropriate targeting, clear promotional terms and compliance with restrictions on direct appeals to children.

See the guidance: ASA resources

CMA secures compensation for heating oil customers

The CMA has secured compensation for hundreds of heating oil customers after some suppliers cancelled orders when heating oil prices surged following conflict in the Middle East. Whilst customers received refunds for their original orders, some were forced to purchase replacement oil at significantly higher prices, which the CMA estimated cost them between £150-£300 extra. Following the CMA’s intervention, participating suppliers have agreed to reimburse customers for the difference between their original and replacement orders, while customers who did not purchase replacement oil will have their original orders honoured at the agreed price.

Action: Businesses should ensure that they honour original contracts during periods of price volatility and carefully consider whether cancellation rights genuinely permit them to cancel existing orders.

CMA investigates Trainline over mandatory fees

The CMA has opened an investigation into Trainline.com Limited over its presentation of mandatory fees when selling train and coach tickets, specifically whether these fees are included in the total price the consumer sees at the beginning of the purchasing process. The investigation forms part of the CMA's wider crackdown on "drip pricing", where mandatory charges are separated from the headline price and added later.

Action: Businesses should review their pricing practices to ensure that mandatory fees are included in the total price presented to customers at the outset of the purchasing process, particularly given the CMA's strengthened enforcement powers under the Digital Markets, Competition and Consumers Act 2024.

Government brings forward subscription cancellation rule changes

Andy Burnham has announced that the new rules relating to subscription services provided for in the Digital Markets, Competition and Consumers Act 2024 will now come into force in January 2027 (several months earlier than the previously-announced timeframe of spring 2027). Businesses will be required to provide up-front information about the subscription service and its terms (including auto-renewals, pricing information, and cancellation rights), reminders before subscriptions auto-renew, and a simple process to cancel the subscription or turn off auto-renewal.

Action: Businesses that offer a subscription-based service must review their subscription processes (including the process for cancelling a subscription) to ensure that they comply with the new rules. Some businesses will likely find that they need to make no or minor changes to achieve compliance. Businesses who need to make larger changes should start planning these soon in order to meet the January 2027 deadline.