The Advertising Standards Authority (ASA) has published advice to marketers on protecting vulnerable audiences and staying on the right side of the CAP Code ahead of Black Friday, drawing on recent enforcement action to illustrate where advertisers can fall foul of the rules.
Vulnerable audiences
Protecting vulnerable audiences is one of the strategic goals of CAP and the ASA. In the summer, the CAP Executive published advice (here) on how marketers can avoid exploiting consumers’ vulnerabilities in a range of circumstances. In its latest advice, the ASA draws attention to recent enforcement action in three different areas:
- Gambling
Marketers are reminded that calls to action encouraging people to continue gambling when they would otherwise have stopped risk breaching the Code, as do those that encourage “frequent or repetitive participation”.
- New mothers
Ads that “irresponsibly encourage new mothers to prioritise weight loss”, or suggest that looking attractive or keeping a home clean should come before their emotional wellbeing, are likely to attract scrutiny, as will those that perpetuate harmful gender stereotypes.
- Cost of Living
Marketers are warned against exploiting the fears of those who are struggling financially, particularly the elderly. Similarly, ads that encourage consumers in a vulnerable financial situation to take on debt while minimising the seriousness of that decision may also breach the Code.
Black Friday
As Black Friday approaches, the ASA reminds marketers that ads should not encourage irresponsible spending, and offers specific advice on how to advertise responsibly various types of promotions:
- Claims of savings must be “genuine, accurately reflect the available discount, and must not exaggerate the savings that a consumer can expect to receive”. Similarly, marketers should keep “robust evidence to support any comparison, including historical pricing data and sales records”.
- Advertisers should make a “reasonable estimate of demand”, be able to demonstrate how that estimate was reached, and clearly communicate any relevant limitations on stock (the ASA warns that simply saying ‘subject to availability’ may not always be sufficient).
- Ads should not create an undue sense of urgency, particularly for products or services that consumers ought not ordinarily rush into, such as cosmetic or surgical procedures.