A quick overview
This quarter, we look at a trio of rulings against Ladbrokes, which make up three of the seven rulings published on the topic of gambling. The ASA was the complainant in all three rulings, demonstrating its proactive approach in tackling gambling ads. Some of the ads were identified using the ASA's Active Ad Monitoring system, showing how the ASA is using technology to deliver more effective regulation – a strategy highlighted in the ASA's Annual Report.
The ASA held that the ads breached advertising rules by appealing to under-18s. In a similar vein, it has also published a new resource 'The 100 Children Report - enforcement and engagement with businesses', which explores steps to take before, during and after ad campaigns to limit children’s exposure to age-restricted ads.
The ASA received the most complaints this quarter, 295, in respect of an ad for period underwear which the complainants argued was offensive and distressing. The ASA disagreed and held that there was no breach of the CAP code: although the ad may be considered distasteful by some, it was not likely to cause serious or widespread offence, or excessive fear or distress
Similarly, the ASA did not uphold a complaint against a Gorilla Glue ad which received a complaint for perpetuating harmful gender stereotypes. This ruling suggests that there is a fine line in the approach taken on gender stereotyping, as the ASA upheld a complaint against an ad with a similar fact pattern in a previous ruling.
There were also two rulings against car manufacturers, Toyota and Hyundai, in relation to claims made about the charging capabilities of their electric vehicles, which illustrate the continued focus of the ASA on environmental claims. Here, although the advertisers were able to substantiate their claims, they had not made the test conditions clear.
We also look at three rulings, out of the six published this quarter, which relate to promotions and competitions. Complaints against two of the adverts were upheld because the promotions had been unfairly administered, while the third advert (Domino's pizza) received 98 complaints because the promotion had been communicated in a way that was misleading.
Below are our top ASA rulings from the past quarter.
- Date of ruling: 5 July 2023
- Decision: Upheld
- No. of complaints: 1
This is one of three rulings made against Ladbrokes in summer 2023.
The ad was an age-gated promoted tweet featuring an image of Jake Paul published after his boxing fight with Tommy Fury, and the caption included the text "What’s next for Jake Paul? Vote here now”, supplemented by a poll.
The ASA challenged whether the ad was a marketing communication for gambling which included an individual who was likely to be of strong appeal to under-18s.
In accordance with CAP Guidance, the ASA found that boxing is not moderate or high risk in terms of appeal to under-18s, and it also concluded that it is not an adult-oriented sport.
However, the CAP Guidance also provides that sportspersons who are particularly well known for their social media activity through youth culture-related areas are more likely to be of strong appeal to under-18s. Across YouTube, TikTok, Instagram and Twitter, Jake Paul has over 65 million followers, 3 million of which are registered as under 18 (though none on Twitter, where the ad was shown). As a result of his large social media following of under-18s, as well as his role in a children's TV programme on Disney Channel, the ASA ruled that Jake Paul had strong appeal to under-18s.
The ad was therefore found to be irresponsible and breached the Code.
- Date of ruling: 12 July 2023
- Decision: Upheld
- No. of complaints: 1
This is the second of three rulings made against Ladbrokes in summer 2023.
Two promoted tweets by Ladbrokes featured current Premier League managers, including their names and images. The CAP Code states that marketing communications for gambling products must not be likely to be of strong appeal to children or young persons, especially by reflecting or being associated with youth culture.
The ASA cited CAP Guidance that there is a high risk of Premier League football teams strongly appealing to under-18s, and managers of top clubs were also likely to strongly appeal to children. The ads therefore breached the Code. This is in line with similar rulings, where former premier league stars have appeared in ads for gambling products or services.
The ASA considered it would have been acceptable for the ads to appear in a medium where under-18s could be entirely excluded from the audience. Although the ads were targeted at over-25s, because Twitter was an environment where users self-verified on customer sign-up, under-18s could not be excluded with the highest level of accuracy required. Such verification could be achieved by marketing lists that had been validated by payment data or credit checking.
- Date of ruling: 9 August 2023
- Decision: Upheld
- No. of complaints: 1
This is the third ruling made against Ladbrokes in summer 2023, which forms part of the ASA's initiative to ban gambling ads which are likely to be of strong appeal to under-18s.
The ruling relates to four promoted tweets for Ladbrokes featuring prominent tennis players. These ads were identified using the ASA's AI-based Active Ad Monitoring system which processes more than 100,000 ads each month to find those that might break the rules.
The CAP Guidance, “Gambling and lotteries: Protecting under 18s”, sets out which persons or characters are likely to have strong appeal to under-18s. For example, UK footballers or managers at top clubs, non-UK 'star' footballers or managers, and other prominent sportspeople involved in sports like cricket, tennis and rugby, at the highest levels, and have a significant national profile are all considered at high risk of appealing to under-18s in the context of gambling ads.
The ASA ruled that the tennis players featured in the ads were Grand Slam winners and/or participated in recent high-profile tournaments such as Wimbledon and the Australian Open, so were likely to be of interest to under-18s. Although Ladbrokes provided data that most of the social media followers for each player were over 18 and that the players' commercial partnerships were with adult focused brands, the ASA ruled that this did not override its assessment that the players featured in the ads were likely to be of strong appeal to under 18s.
The ad was therefore irresponsible and breached the Code.
- Date of ruling: 19 July 2023
- Decision: Not upheld
- No. of complaints: 295
A TV and Video on Demand ad for Wuka reusable period underwear received nearly 300 complaints. The ad featured imagery depicting period blood, including blood clots, and used sanitary products, which the complainants challenged on the basis that it was offensive and likely to cause distress.
The ASA acknowledged that depiction of blood is often associated with injury, and blood imagery could be scary and unnerving, resulting in distress for viewers. The way that the ad presented menstrual flow was uncommon and unexpected on TV, but it was a realistic and accurate depiction of consumers’ menstruation experiences. The amount of blood shown was not excessive, gratuitous, or gory in nature.
Additionally, the ASA noted that the average age for menstruation was 12 years old, but could be as young as 8, so it was likely that many children would be familiar with, and understand that, blood associated with menstruation was normal. In any event, a scheduling restriction applied, so the ad would not be seen around content targeted specifically at children.
The ASA ruled that, although the ad may be considered distasteful by some, it was not likely to cause serious or widespread offence, or excessive fear or distress. The ruling is likely to have been welcomed by Wuka as it is a brand trying to reduce period stigma by representing periods positively and encouraging open discussion about menstruation.
- Date of ruling: 12 July 2023
- Decision: Not upheld
- No. of complaints: 1
A TV ad featured a father and his two sons playing a ball game in their living room which resulted in household items being broken. A gorilla then appeared, after which the father used Gorilla Super Glue to fix the items. A voiceover throughout the ad stated "Uh-oh, someone's in trouble. Or perhaps not. You see, Gorilla Super Glue fixes all kinds of breaks quickly. And mum stays none the wiser".
A complainant believed the ad perpetuated harmful gender stereotypes by suggesting that fathers were fun and playful, while mothers were responsible, serious and concerned about tidiness.
The complaint was not upheld.
The ASA explained that ads may feature or reference people undertaking gender-stereotypical roles but advertisers should avoid suggesting that stereotypical roles or characteristics were always uniquely associated with one gender. Although the father in this ad was shown as light-hearted and playful by playing indoors, he also looked after his children in the house and took care to repair the broken object, indicating that he was responsible.
The voiceover suggested that the mother would be unhappy if she found out about the broken object, but this did not imply that it was because keeping the house tidy was her sole responsibility or that of mothers in general.
This ruling suggests that there is a fine line in the approach taken on gender stereotyping, as the ASA upheld a complaint against an ad with a similar fact pattern in a previous ruling. That ad received 128 complaints and was published shortly after the gender stereotyping rules came into place.
- Date of ruling: 28 June 2023
- Decision: Upheld
- No. of complaints: 1
A website for Toyota claimed that its bZ4X electric vehicle could be charged to 80% in around 30 minutes with a 150 kW fast-charging system. A footnote stated that charging times were subject to local circumstance and that rapid charging power ratings could vary by location. A consumer complained whether these claims were unsubstantiated and misleading.
Toyota provided evidence that the car's battery could be charged from 0% to 80% in 30 minutes and 13 seconds using a 150 kW charger. However, this evidence was based on standardised testing conditions, so did not account for real-world factors such as battery temperature, ambient temperature and age and condition of the battery, which might affect the time it would take for a battery to charge to 80%.
The ASA ruled that it expected Toyota to qualify the charging claim to explain the testing conditions which verified the claims, noting that they may not reflect actual consumer experience.
The ad also referred to the 150 kW fast-charging system, that would provide “rapid public charging” found "in a number of public locations." The ad included the strapline “Making electric easy”. The ASA concluded that the average consumer would think it was straightforward to access the 150 kW chargers in public places throughout the UK, but, in reality, availability varied.
Because the charging time claims were not qualified and limitations were not explained in relation to the availability of the chargers, the ASA ruled this was an omission of material information, so the ad was not substantiated and was therefore misleading, highlighting the need for adequate substantiation or qualification of such claims.
- Date of ruling: 28 June 2023
- Decision: Upheld
- No. of complaints: 3
Three ads promoting Hyundai's IONIQ 5 model claimed that the electric vehicle charges from 10% to 80% in 18 minutes, and two of the ads specified this charge time was achieved using a 350 kW charger. The ads were intended to inform consumers about electric vehicles to help address concerns about charge times affecting longer journeys. Three consumers complained, challenging whether the claims could be substantiated or whether they were misleading.
Hyundai provided data that, under standardised testing conditions (with a new battery and in a temperature-controlled environment with ambient temperatures of 22 and 25 degrees centigrade) the car battery could be charged at the rate stated in the ads using a 350 kW charger. However, not all versions of the car model included technology to maintain battery temperature at the most efficient level. The ASA ruled that Hyundai should have qualified the claim to explain these conditions since they may not reflect actual consumer experience.
Furthermore, the ads gave the impression that it was relatively straightforward to access 350 kW chargers. However, this was not the case as there were only 37 ultra-fast 350 kW charging locations in Great Britain, six in the Republic of Ireland, limited numbers in Wales and Scotland and none in Northern Ireland.
The ads were therefore found to be misleading and breached the Code.
- Date of ruling: 28 June 2023
- Decision: Upheld
- No. of complaints: 7
This ruling related to a Domino's promotion for "free pizza".
The promotion allowed participants to get a pizza completely free of charge if they collected it from a store, but a minimum spend would apply in cases where participants opted for delivery. The minimum spend requirement for delivery meant that the pizza was not actually "free", which amounted to a breach of the Code.
This is a key element of prize promotions that claim the consumer will receive something for "free". The Code is quite clear that marketing communications must not describe a product as "free” if the consumer has to pay anything other than the unavoidable cost of responding and collecting, or paying for delivery, of the item.
Domino's had also withdrawn the promotion because participants had redeemed multiple leaflets, so it considered that the terms of the promotion had been abused. However, the promotional terms did not limit the offer to one per household, so the ASA found there was no abuse. The ASA ruled that Domino's withdrawal of the promotion was unfair, notwithstanding the general terms and conditions that it could withdraw the offer at any time.
Multiple participants attempted to redeem the promotion but failed to do so as it had been withdrawn, so Domino's offered a 60% discount across all pizzas, sides and desserts to those participants which had contacted customer services. The ASA ruled that this offer was not equivalent to a free pizza, so Domino's had not honoured the promotion and therefore failed to take all reasonable steps to avoid disappointing participants.
For all those reasons, the ASA concluded that the promotion had not been administered fairly and breached the Code.
- Date of ruling: 21 June 2023
- Decision: Upheld
- No. of complaints: 1
A Facebook post by an estate agency offered a chance for five people to each win a £100 gift voucher. To participate in the promotion, it was necessary to like / follow the Facebook page, like and share the post, and tag three friends, and the post reminded participants to "do all the above to be in with a chance to win”. The ad stated that the winners would be notified on the Facebook post.
Despite being announced as a winner, the complainant was unable to claim their prize. The estate agency was unable to contact this winner, so donated the prize to charity.
The estate agency explained that prize winners needed to get in contact within seven days of the winners’ announcement to receive their prize, though this was not stated within the terms and conditions of the promotion.
The ASA considered that this was significant information that should have been communicated to entrants within the initial post in order for them to fully understand how to participate. Since the ad omitted significant information on how to claim a prize, the ad was likely to mislead, and the promotion was not administered fairly.
- Date of ruling: 26 July 2023
- Decision: Upheld
- No. of complaints: 98
Four pages on the BBC and Ticketmaster websites and an email from Ticketmaster promoted a ticket ballot for the coronation concert of King Charles III. The ASA received 98 complaints from people who were unable to claim tickets for the event. Two issues were investigated.
First, the email stated “Congratulations, you have been successful in the ballot for a pair of standing tickets to The Coronation Concert” and “You will have until 12:00 on 27th April to claim your tickets. If you do not claim your tickets by this date they will be re-allocated”.
This gave the impression that the recipient secured two tickets, but in reality, the recipient was instead selected to enter a supplementary round where they could get tickets on a first-come first-served basis. The ASA concluded that this was misleading.
The second issue related to the webpages stating that the tickets will not be allocated on a first-come first-served basis. However, after the first two rounds of balloting, not all applicants who had been originally contacted had claimed their tickets, so BBC Studios decided to offer the remaining tickets on a first-come first-served basis. The ASA upheld the complaints, stating that the ads omitted material information so were misleading.
