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

ASA rulings – key takeaways

In March, the ASA handed down 24 rulings. We have highlighted some of the key rulings we think you and your A&M departments should be aware of.

Take care when advertising alcoholic beverages

In March, the ASA published two rulings relating to alcohol advertising. As a result of these rulings, when promoting alcoholic beverages you should consider the following:

• Ads must not imply a preference for a drink due to its alcohol content;
• When promoting alcoholic beverages, the only nutritional properties that can be made relate to "low-alcohol", "reduced-alcohol", or "reduced energy". Therefore, care should be taken when claiming that alcoholic beverages are low calorie or low carb.

Follow this link for more detail.

In addition the ASA reiterated that people shown drinking alcohol or playing a significant role in alcohol ads cannot be or appear to look under 25 years old. More detail on the underlying ruling can be found here.

Think before comparing…(especially when they relate to sustainability)

The ASA reminded retailers of some key steps to be mindful of when conducting comparative advertising via a ruling which related to a promotion for coffee pods:

• Price comparisons should only be made for directly comparable products, based on like-for-like quantities or contain an appropriate unit price comparator.
• Additionally, the claims that its competitor's pods were "non-compostable" and "ends up in landfill" were ruled misleading because it omitted material about the competitor's recycling scheme and the advertiser failed to provide adequate documentary evidence to substantiate the extent to which their competitor's pods ended in landfill each year.

More information can be found here.

Don't mess around when it comes to toys…

The ASA upheld an enormous 22 complaints against a toy company promoting a robotic dog that was presented as highly realistic. The ad featured video scenes that appeared to show real or AI-generated puppies and included claims that the toy behaved "exactly like a real puppy", could respond to voice commands and "even fooled…. a veterinarian". The ASA found that these claims, combined with the lifelike footage, exaggerated the toy's appearance and functionality and therefore ruled the ad as misleading.

Top ASA stories last month

Easter serves as an egg-cellent reminder around promotions rules

The ASA provided the following guidance for retailers offering Easter promotions, which retailers should bear in mind for all promotions, especially those linked to religious holidays:

• Retailers must make sure that they have made a reasonable estimate of the demand for their products. For in-demand products, retailers must be explicitly clear about any restrictions on getting the product – for example, that supply is limited or that customers have to buy another product to get the first one.

• Retailers must not cause offence to customers. Easter is a religious holiday for some, and adverts that make jokes about the holiday must be careful not to offend. Language and images that may be borderline acceptable at other times of the year may cross the line at Easter.

• Retailers should bear in mind how Easter adverts might fall foul of the CAP Code. For example, the ASA has previously found that gambling adverts featuring the Easter Bunny would strongly appeal to under-18s, placing them in breach of the Code. All retailers should consider this carefully, but especially those who sell products that may be age-restricted or otherwise subject to greater regulation.

Follow the link for more detail.

Guidance on medical claims

The ASA has published several articles relating to medical claims in adverts, relating to ADHD, sleep, and alternative medicine. Such claims appear to be becoming more common across a range of products, including foods, supplements, devices, apps, and even clothing. Retailers should be very careful about the claims that they make about their products.

Retailers should remember that food or food supplements that make "health claims" are subject to a higher degree of regulation, and that only claims appearing on the Nutrition and Health Claims Register can be made. Additionally, advertisers are outright banned from making medical claims in respect of food.

For apps and other technological items, the ASA's position is that it will only be acceptable to advertise that the product can diagnose or treat medical conditions if that diagnosis or treatment is carried out under the supervision of a doctor or other suitable professional. For example, apps that have claimed to reduce the risk of Alzheimer's disease or diagnose ADHD have fallen foul of the CAP Code rules on medical devices.

Recent CMA Activity

Fake reviews investigation

The CMA has opened an investigation into whether five businesses – including two food delivery companies, a review site, a funeral provider, and a car seller – have misled consumers over how they present reviews on their websites. The alleged misleading behaviour includes not displaying negative reviews, inflating retailers' star ratings, having staff write positive reviews about the company's services, and whether customers were given discounts on subsequent orders if they left five-star reviews. At this stage the CMA has not made any findings on whether the five companies have broken the law. All five businesses are co-operating with the CMA.

With research suggesting that around half of online reviews have "suspicious characteristics" and online retailers like Amazon being forced to crack down on fake reviews, it is clear that this is an area of concern for the CMA. Its chief executive stated that "fake reviews strike at the heart of consumer trust" and that the CMA will be "deploying our new powers to tackle some of the most harmful practices head on".