Marketing Matters | Review of December 2025

Welcome to this month's edition of Marketing Matters, where we look at advertising and marketing (A&M) trends in the retail and consumer sector.

We will be looking at:

• Some of the key takeaways for A&M departments following December's ASA rulings.
• Other top ASA stories.
• CMA news for the same period.

ASA rulings – key takeaways for your A&M departments

In December, the ASA handed down 35 rulings. This was broadly in line with the 31 rulings handed down in November. We have highlighted some of the key rulings we think you and your A&M departments should be aware of.

Sustainability claims for clothing

In a ruling that made national news headlines last month, the ASA banned three adverts from three well-known clothing brands. Each advert described the clothes produced as "sustainable", or as being made from "sustainable materials".

The ASA found that using the term "sustainable" to describe clothing is unclear to consumers, and that it also amounted to an objective claim requiring a high level of evidence to support it. The standard of evidence required by the ASA was proof that all of the clothes and accessories referred to in the advert would, across their entire life-cycle, have no negative impact on the environment. None of the retailers were able to provide sufficient evidence to meet this standard, and all three adverts were therefore found to be misleading.

It is clear that the ASA is continuing to crack down on environment-related claims in adverts. Retailers should therefore take care to explain exactly what terms like "sustainable" and "environmentally friendly" mean when used in adverts. Without strong qualifiers in the advert, the ASA is likely to require a level of substantiation that will be near-impossible for many to demonstrate.

Cheap train tickets

In three linked rulings, three businesses had adverts banned for suggesting that they offered the lowest prices on train tickets. The ASA considered that claims like "unbeatable on price" would be interpreted literally by consumers – in other words, consumers would believe that the best price on tickets was only available from the company in question. This would have the negative effect of discouraging consumers from shopping around and comparing prices, potentially costing them more money.

Two of the companies claimed that the fact that they did not charge booking fees made their prices "unbeatable", which the ASA rejected. One of the companies also pointed to their price guarantee, under which any customer who found a cheaper fare elsewhere would be reimbursed the difference. However, the ASA noted that for a price to be "unbeatable", the company would need to match the lowest possible price on any ticket sold. As the price guarantee did not apply to every ticket, and only amounted to the company matching the best price, it was not sufficient.

Retailers should remember that the ASA will consider how customers would view an advert. This means that statements like "unbeatable prices" may be read more literally than retailers intend. If phrases like this are used, retailers will need to be able to show that their prices are genuinely unbeatable, which may be challenging.

Art investment

A number of rulings relating to art investment schemes were handed down in December. Each advert related to a scheme allowing investors to invest money in contemporary art, which is not a regulated form of investment in the UK. In each case, the adverts were misleading as they omitted the following key pieces of information:

• That art investment schemes are not regulated in the UK;
• That the value of investments in art could go up as well as down;
• That prior performance of art investments was not an indicator of future performance (as some of the adverts featured examples of investor-owned paintings that had sold, often at 200-300% returns on investment).

Without the information set out above, consumers could not make informed decisions about whether to invest in art. The cases also breached paragraph 14 of the CAP Code, as the information in the second and third bullet points above must be included in any marketing communication about investments.

For retailers, the key takeaway to remember is that some higher-risk products (including investments, medicines, food, alcohol, and tobacco/nicotine) are subject to more stringent rules under the CAP Code. For such products, it isn't necessarily enough for an advert to not be misleading – it must contain all of the information required by the rules (and not contain anything prohibited).

Key takeaways

• In any adverts mentioning sustainability, specifics are key. General claims will be subject to extremely high levels of substantiation.
• In the ASA's view, consumers will take adverts at their word. If a retailer says a price is unbeatable, it needs to be genuinely unbeatable.
• For higher-risk products, ensure that any specific rules relating to the product are followed.

Top ASA stories last month

Illegal drug references

Advertisers should avoid references – direct or indirect – to illegal substances, as this is likely to breach the CAP Code by appearing to condone or encourage their use. Even humorous wordplay can be problematic for trivialising the risks, as shown after a delivery company ad, which played on slang words commonly associated with illegal drugs including "poppers, acid and blow", was banned.

However, context does matter; a Christmas ad which asked, "Need drugs to get you through Christmas?" was allowed since the ad immediately clarified that the drugs it meant were "caffeine, sugar and chocolate", making a clear distinction between legal and illegal substances. In rare cases – e.g. in the context of anti-drug messages or ads for rehabilitation or treatment services – such references to illegal substances would be unlikely to be found to be irresponsible.

Pet food claims

The ASA recently reviewed a range of pet food brands' online advertising and found that many ads contained comparison claims, denigrated competitors or made claims about the health benefits of their products. Advertisers should ensure they hold strong evidence to support any objective claims including clinical evidence for health-related claims as well as appropriate licences (by the Veterinary Medicines Directorate) for any medicinal claims. To ensure better compliance, the ASA has published further guidance on pet food advertising.

Out of Home (OOH) adverts

Since OOH ads will be viewed by a general audience, are visible in public spaces, and often remain in place for long periods, it is important to ensure that these ads are compliant with the CAP Code. The ASA recently published some key tips for ensuring compliance:

• Language – ensure the language used is not offensive nor inappropriate. For example, the ASA held that a poster ad by a beer brewery which displayed the message "F**K YOU CO2" was inappropriate as an untargeted outdoor ad.

• Nudity and sexually suggestive content – the ASA has ruled against poster ads for fashion brands featuring partial nudity and mildly sexually suggestive images given that these OOH were likely to be seen by both children and adults.

• Fear and distressing images – advertisers should consider whether OOH is appropriate for ads that may create fear or distress, particularly to young children. These include ads with violent or graphic imagery, horror or supernatural themed content.

• Age restricted products – products including alcohol, alcohol alternatives, certain gambling products, e-cigarettes, national lotteries and tobacco rolling papers/ filters should not be directed to under 18-year-olds, and children and young people must not make up a significant proportion of the audience (over 25%). Similar reasoning applies to other products such as medicines and high in fat, salt, or sugar (HFSS) foods and beverages.

• Qualifications – advertisers should ensure that any qualifications remain sufficiently prominent and visible in OOH ads i.e. they should be readable from a reasonable distance.

Recent CMA activity

In late November 2025, the CMA published its 2026-2029 Strategy, which has an overarching purpose of promoting competition and protecting consumers with a goal of driving economic growth and improving household prosperity. The CMA has outlined five strategic objectives to guide its regulatory oversight:

1. Promoting effective competition – the CMA is committed to remain a "strong advocate for, and independent enforcer of, effective competition across the UK economy". The strategy specifically addresses digital markets and commits to implementing the UK's new digital markets competition regime.
2. Championing consumers – the CMA is committed to "protecting people from harm and help[ing] businesses do the right thing by the customers" by implementing an enhanced regime for consumer protection. This includes using their new powers under the Digital Markets, Competition, and Consumers Act 2024 (DMCCA) to decide whether consumer protection laws have been infringed and to order sanctions to non-compliant businesses.
3. Helping government deploy tailored pro-competition interventions to support growth, innovation and investment-related policies – the CMA aims to step up their role as an "enabler of competition" by providing advice and recommendations to government and public bodies on pro-competitive interventions.
4. Fostering a UK regulatory landscape that attracts investment – the CMA is also committed to continuing its 4P approach (pace, predictability, proportionality, and process).
5. Prioritising UK interests – the CMA will focus on "delivering tangible benefits for the UK economy, its citizens and businesses". The strategy highlights that the CMA's primary responsibility is the UK. The CMA aims to support growth and competitiveness in the UK's strategically significant sectors, opening opportunities for investment, innovation and growth of UK businesses.