Marketing Matters | Review of January 2026

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

In January, the ASA handed down 19 rulings. We have highlighted some of the key rulings we think you and your A&M departments should be aware of.

"The Nation's Network": Think twice when comparing yourselves to others…  

Key takeaways

• The ASA applies the CAP and BCAP Codes based on likely consumer interpretation, not advertiser intention.
• Under the CAP and BCAP Codes, any comparative claim must be based on objective, verifiable criteria. Such ads are required to compare one or more material, relevant, representative, and verifiable features of the products / services in question.

The ASA investigated a series of ads from a mobile network operator that prominently used the slogan "The Nation's Network". A competitor argued that the phrase implied the advertiser was the leading national network, which could make it a comparative claim requiring evidential support. The advertiser maintained this was simply a corporate position statement referring to the company's long-standing history, national presence and cultural sponsorships. The ASA disagreed, ruling that the slogan, in the context of the ads, would be understood by consumers as an objective claim of national superiority. Because the ads did not clearly communicate a heritage message and did not provide substantiation for the comparative claim, the ASA found them to be misleading having breached CAP Codes (Edition 12) rule 3.34-3.35 (Comparisons with identifiable competitors).

Cryptocurrency ads: Be careful when presenting yourself as a solution

Key takeaways

• The ASA held that promoting crypto investment as a solution to serious societal issues, such as unaffordable housing or stagnant wages, exploits vulnerable consumers, and is thus likely to breach the CAP Code rules requiring marketing to be prepared with a sense of social responsibility.

The ASA assessed a "Video on Demand" ad and three posters for a cryptocurrency trading platform and found them to be in breach of the CAP Code's social responsibility rules. The ads used upbeat and satirical scenes showing people facing serious financial pressures – including the rising cost of living, job insecurity, and unaffordable housing – while cheerfully stating that "If everything's fine, don't change anything". The ads then implied that cryptocurrency investment offered a potential solution to such economic hardship.

The ASA ruled that the ads were socially irresponsible because they trivialised the risks of cryptocurrency; the ads were based on real financial hardship to which many consumers were likely to relate, and the ASA considered that using humour to reference serious economic concerns, alongside a cue to "change", risked presenting complex, high-risk financial products as an easy or obvious solution to those problems.

CMA activity in January

Updated price transparency guidance

In early January, the CMA provided further guidance on pricing transparency for retailers.

The CMA has reiterated that "drip pricing" – not providing details of mandatory fees until the point of purchase – is banned. Prices given by retailers must be "clear, complete, and accurate", meaning that the total price must include any mandatory fees charged by retailers. This includes tax, delivery fees, booking fees, and "any other unavoidable payment the customer would have to make to purchase or receive the product". If the total price cannot be calculated before sale (e.g. for products sold by measure), customers must be given all of the information they need to work out the total price, including the price per unit for the product and details of any mandatory fees. This applies to prices displayed in brick-and-mortar shops, prices displayed online, and any prices referred to in adverts or marketing material.

Similarly, "partitioned pricing" (where the component parts of a price are provided, but an overall total is not) is also prohibited in most cases. If the exact price can't be calculated, the retailer must provide a headline price including all of the elements that can be precisely calculated alongside details of any elements that can't, to allow consumers to understand how the total price will be arrived at.

The key takeaway is that retailers must ensure that they are providing an accurate total price to consumers for the products they buy. Both of the above are "unfair commercial practices" under the Digital Markets, Competition and Consumers Act 2024 in most cases. As such, non-compliant retailers could face enforcement action. This is an area of focus for the CMA at present, so retailers should carefully check whether consumers are provided enough pricing information when buying their products.

ASA news for January

Cross-border advertising

The ASA has published a blog post setting out its jurisdiction for dealing with adverts where the advertiser is not UK-based, which has become an issue with the rise of online advertising. In short, the ASA has jurisdiction in three situations:

• Marketing communications which aren't paid for and made by marketers with UK-registered company addresses – this would catch most online marketing communications made by UK companies, including emails, website content, and social media accounts.
• Marketing communications (paid or not) appearing on websites ending with ".co.uk", ".org.uk", or similar. So, if an overseas company publishes an advert which appears on "independent.co.uk", this would be within the ASA's scope (even though the marketer is an overseas company).
• Marketing communications which have been paid for and which "target people in the UK". There is no hard-and-fast rule about when a marketing communication would be considered to target UK consumers – this would be fact dependent. Factors indicating that an advert is targeting people in the UK include whether the ad appears on websites based in the UK, whether the ad is targeted at UK customers, and whether the content is UK-related (e.g. it gives prices in pounds sterling, or provides UK contact details).

Adverts that don't fall within one of the above categories are outside of the ASA's remit, and the ASA would not be able to take action against them. This includes direct marketing communications, such as non-paid-for advertising emails sent by marketers outside the UK. However, the ASA may be able to refer the matter to the equivalent national regulator in the country that the advertiser is based in.