Marketing Matters | Review of June 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 June ASA rulings.
• Other top ASA stories.
• CMA news for the same period.

ASA rulings – key takeaways

In June, the ASA handed down 35 rulings. We have highlighted some of the key rulings we think you and you’re A&M departments should be aware of.

Environmental Claims

The ASA continues to take a strict approach to retailers who make sustainability-related claims. The ASA investigated three complains concerning whether environmental claims made in paid-for search advertisements for clothing and footwear products were misleading and capable of substantiation after those retailers used terms such as "Recycled Running Shoes", "Responsibly sourced collections – Recycled, Organic & More" and "Recycled Materials".

Although the advertisers provided evidence that the products contained recycled, organic or other environmentally preferred materials, the ASA found that all three adverts were misleading and unsubstantiated as they did not make clear the extent of that content so it was likely to be understood as absolute statements about product composition.

The key takeaways include:

• The basis of environmental claims must be clear. Unqualified claims could mislead if they omit material information.
• Advertisers should not imply that a product was entirely made out a single fabric if this is not the case i.e. a product should not be described as "recycled" or "organic" if it contains fibres that were not recycled or organic, unless the proportion of non-recycled or non-organic fibres was negligible.
• Absolute environmental claims must be supported by a high level of substantiation. 

Sector-specific advertising rules extend across any sector

The CAP and BCAP codes include sector specific rules which should be complied with, regardless of what the product in the advertisement is promoting.

The ASA upheld a complaint relating to a broadcast TV and video-on-demand advert for a chocolate bar, which depicted a speedy car chase and hand break manoeuvre scene before transitioning into a sequence where two cars were shown driving off, one on top of the other, accompanied by the slogan "Two is More Than One Twix". Whilst the ASA accepted that there were fantastical elements to produce a cinematic feel to the scene, they considered the opening driving sequence realistic. As such, they considered the advert to condone unsafe driving and likely to breach the Highway Code.

Less Healthy Food

The ASA published six rulings on advertising "less healthy" food and drink products under the new regime which came to force on 5 January 2026.

Key (non-edible) takeaways for the adverts found to be in breach:

For the in-breach adverts:

• Brand mascots may themselves amount to product advertising - an Instagram ad featured M&M's brand characters but no actual confectionary products. The ASA, nevertheless, concluded that the characters effectively represented a specific HFSS product (peanut M&M's) meaning that the advertisement promoted an identifiable less healthy food product.
• Check whether you can rely on the SME exemption – an Instagram ad featured meal deals of burgers, wings, nuggets and fries, but failed to provide nutritional profiling evidence. The franchisee sought to rely on the small and medium-sized enterprise exemptions on "less healthy" food restrictions. However, the ASA confirmed that franchisee businesses are treated as part of the business of the franchisor.

ASA News

ASA completes study on environmental claims

An ASA study examining around 7 million adverts (assisted by its AI Active Ad Monitoring system) in the UK has concluded that only around 1% of them contained some form of environmental or green claim. However, of these, around three-quarters were expressed in absolute terms – for example, the product being advertised was described as "sustainable" or "eco-friendly". The ASA has announced that it will be publishing new guidance to help advertisers make accurate environmental claims that comply with the CAP Code.

Retailers should remember that absolute claims require a very high-level of evidence. For example, the ASA has previously found that a retailer describing a product as "sustainable" would need to be able to prove that the product has no negative environmental impact across its entire lifespan. Environmental claims in advertising should be specific and supported by relevant evidence.

ASA research into material information in online advertising

The ASA has published research into how consumers view the disclosure of material information in online adverts. The research found that consumers generally do not view adverts where material information is behind a link (or otherwise "one click away") as misleading in principle, as long as the material information is provided before the point of purchase. Consumers also took a different view depending on whether the material information was significant (such as information about a recurring charge) or trivial (e.g. delivery information).

The ASA's takeaway is that this reinforces their current approach, that an advert does not necessarily need to display all material information straight away as long as all key information is given to customers before purchasing. Advertisers can therefore continue to use their online adverts as "headlines" to attract customer attention, as long as doing so doesn't cause customers to be misled.

CMA Activity and News

Airline changes family seating policy

A leading budget airline has announced that it will seat parents with their children where the parent refuses to pay for a reserved seat. Previously, unless the parent paid to reserve a specified seat, they would not be guaranteed seats next to their children. This follows the CMA launching an investigation into the practice earlier in June.

DMCCA enforcement continues to build

April saw the first anniversary of the Digital Markets, Competition and Consumers Act coming into force, and the CMA has indicated that it expects to step up its enforcement of the rules brought in by the Act over the coming months. As an example of this, in June a major ticket resale platform agreed to refund around £600k to around 50,000 customers and pay a £900k fine for engaging in illegal "drip pricing" (not showing the full cost of tickets up front and adding hidden fees later). A number of similar cases are currently pending, with the CMA ready to open further cases as necessary.

The CMA's enforcement of the DMCCA is expected to focus on three main areas – drip pricing, fake online reviews, and "online choice architecture" (which includes practices like automatically including paid optional extras and making it difficult to unsubscribe from services). Retailers should be checking to ensure that they are compliant in these areas.