30 November 2021
Brands Update – November 2021 – 3 of 3 Insights
The ASA has previously recognised the important role played by the advertising industry in influencing how people respond to the challenges facing the planet. The CAP and BCAP Codes prohibit socially irresponsible and misleading environmental advertising (see Rules 9 and 11, respectively). The ASA enforces the Codes and has pledged to leverage technology assisted monitoring as it goes further in identifying and taking action against advertisers engaging in greenwashing.
To avoid falling foul of advertising rules around environmental claims, businesses should pay close attention to the new CAP guidance for advertisers, once published. Issue-specific guidance is likely to follow. Advertisers should also consider the CMA's guidance on misleading environmental claims. The Department for Environment, Food & Rural Affairs has also published a list of useful resources for advertisers making environmental claims.
Separately, the ASA has recently ruled against a number of advertisers for failing to fairly administer prize promotions. To avoid the negative media coverage and reputational damage that can accompany an ASA ruling, influencers and brands can refer to a new ASA resource page before running their promotions. Resources include infographics, e-learning advice and videos.
To discuss the issues raised in this article in more detail, please reach out to a member of our Brands & Advertising team.