Marketing Matters | September 2026
Lessons from ASA Rulings
Review influencer marketing arrangements for gifting/hospitality
Review influencer marketing campaigns to ensure that commercial arrangements are clearly disclosed and that gifted content does not promote identifiable HFSS food and drink advertising restrictions, even where there is no formal contract and only limited control over the content.
Why?
In a recent ruling against San Carlo Cicchetti, the ASA found that the provision of free hospitality in exchange for a minimum number of Instagram posts constituted payment and created sufficient control for the content to be a marketing communication. As the commercial relationship was not clearly disclosed, for example through the use of "#ad", and the post featured identifiable HFSS products, the post breached the CAP Code. See ruling here.
Ensure reference prices and savings claims reflect genuine market pricing
When advertising products by reference to a recommended retail price (RRP), businesses must ensure that those prices reflect prevailing market conditions and genuine selling prices. Manufacturers' recommended prices alone may be insufficient to substantiate comparative savings claims where products are commonly sold for less.
Why?
The ASA upheld a complaint against Sports Direct concerning an advertisement for a Puma women's zipped base-layer top promoted as "from £17.00 RRP £45.00". Although Sports Direct provided evidence that Puma continued to display the RRP on its price list at £45, the ASA found that consumers were likely to understand the comparison as reflecting a genuine market saving which was misleading given that the product was generally available for significantly less than the quoted RRP. See ruling here. See also our recent article on regulatory risk and retail discounting.
Ensure that environmental and plant-based claims are clear, accurate and fully substantiated
Businesses making environmental or sustainability-related claims should ensure that the basis of those claims is clearly explained and supported by robust evidence. Particular care should be taken with wording such as "plant-powered", "good for the planet" and "organic".
Why?
The ASA upheld a complaint against Here We Flo, a period product company, in relation to Instagram adverts describing its products as "plant-powered", "good for the planet", "made with organic bamboo", "organic cotton" and containing "no irritating synthetic fibres". While Here We Flo provided evidence that its products contained organic-certified cotton and bamboo fibres, the products also contained plastic, oil-derived components and non-organic materials. Notably, the ASA stated it may construe a retailer's claim to be "plant-powered" as a claim that their product is 100% plant-based. See ruling here.
Ensure pricing claims clearly disclose auto-renewing charges and free trials
When advertising subscription services, businesses must ensure that their pricing claims are transparent and that any auto-renewal provisions or additional charges that could influence a consumer's purchasing decision are clearly disclosed at the point of advertising.
Why?
The ASA upheld a complaint against OneStream Ltd concerning the advertising of a broadband package priced at "£22.99/month" without disclosing that two additional services (OneStream Priority Plus and McAfee Multi Access services) were automatically added during the checkout process, and would renew automatically for a fee following a free trial period. There was a button labelled "remove" in small font in a corner, however, the ASA held that this was unlikely to be sufficiently prominent. See ruling here.
Marketing updates
EmpCo now applies across the EU
The Empowering Consumers for the Green Transition Directive ("EmpCo"), became applicable on 27 September 2026. EmpCo introduces stricter rules on environmental marketing claims and sustainability labels, with a particular focus on ensuring consumers receive accurate and transparent information about a product's environmental impact.
Action: Businesses selling to EU consumers should review all environmental marketing claims to ensure they are specific, evidence-based and compliant with the new rules.
See the Directive here: EmpCo.
ASA issues reminder on careful Halloween advertising
The ASA has issued guidance on keeping Halloween themed ads compliant, noting that there is now the additional challenge of ensuring compliance with the restrictions on advertising less healthy food products which are particularly relevant to Halloween-themed sweet and confectionery campaigns.
Action: Marketing teams should review Halloween advertising campaigns carefully to ensure any Halloween content is carefully placed to avoid causing undue fear or distress where it contains horror-themed content, does not encourage unsafe behaviour and complies with the LHF advertising restrictions where relevant.
See the new resource here: ASA Resources
ASA highlights importance of fair representation for every generation
Following previous research, the ASA has issued new guidance reminding advertisers to move away from outdated stereotypes of older people in ads and towards positive and inclusive representation. However, positive imagery does not remove the need for clear and prominent qualifications where consumers may otherwise be misled.
Action: Advertisers should ensure they reflect the active, varied lives of older people today while ensuring any material conditions are presented clearly and prominently alongside headline claims.
See the new resource here: ASA Resources
