‘Every little helps’: according to a recent YouGov poll, Tesco’s distinctive catchphrase is the most memorable marketing slogan in the UK.
As 2025 gets underway, many businesses will want to get ahead of their competitors by expanding their market presence. Bargains, promotions, slogans and deals are all tried-and-tested ways to grab the attention of cash-strapped new customers in a crowded advertising market, especially given the dominant but innately transient nature of social media advertising.
In the light of the ever-changing regulatory frameworks and guidance, it is essential to navigate this process carefully to avoid common pitfalls and ensure compliance with advertising standards. Here is a simple checklist to keep in mind when planning your promotional campaign.
How do I stay up to date with regulatory guidance?
The advent of big data and the use of highly penetrative advertising on social media has increased regulatory intervention in advertising to protect the consumer. It is therefore important to keep up to date and stay informed about all the latest guidelines.
The main regulatory body for advertising in the UK is the Advertising Standards Agency (ASA), which publishes and maintains the CAP Code for Non-broadcast Advertising and Direct & Promotional Marketing. The ASA also regularly publishes decisions on consumer and business appeals concerning specific advertising campaigns.
Their advice and rulings can help you ensure your advertising remains compliant and effective. You can also find key topics on advertising in our Q&A, including guidance on advertising, labelling and pricing.
Key considerations for compliant advertising
- Ensure truthfulness and transparency
All advertisements must be truthful and not misleading. This includes providing clear and accurate information about your products or services. Try and avoid exaggerations or omissions that could deceive consumers, and make it clear when information given is an opinion and not fact. Legal rights (such as the right to cancel) cannot be presented as a benefit of an offer, and you cannot deliberately mislead customers as to the availability or limited time of an offer, for example by saying something is time-limited when it is not.
Our Q&A has further guidance on how to make sure your advert is not misleading.
- Substantiate your claims
Before making any claims in your advertising, ensure you have evidence to back them up. This applies to claims about product efficacy, environmental benefits or any other assertions. Unsubstantiated claims can lead to legal challenges and damage your brand’s reputation.
For more information about the specific requirements for environmental claims, including use of the terms ‘green’ and ‘environmentally friendly’, see our Q&A here.
- Be cautious with ‘free’ offers
The term ‘free’ can be a great way to entice consumers but it must be used correctly. According to the CAP Code, a product can only be described as ‘free’ if consumers pay no more than the unavoidable cost of responding to the promotion and collecting or paying for delivery of the item. Any additional charges can render the ‘free’ claim misleading.
You must take special care to draw any conditions to the customer’s attention when offering a free product. If not adequately highlighted, onerous conditions like a minimum order value or a requirement to sign up to a subscription could render your promotion misleading. In addition, subscription-based free trials must clearly state when the trial period ends and whether a subscription automatically renews.
If you are promoting a ‘free’ complementary product alongside a main product, you cannot inflate the price of the main product or lower its quality. For example, the ASA held that the offer of a camera with a ‘free’ 16-gigabyte SD card was misleading where the same camera was on discount at a lower price without the SD card.
- Be conscious of your audience
Pitching your product correctly also requires you to keep your audience in mind. Take particular care when addressing or using children in your advertising. For instance, you must remember not to show anything that might encourage children toward activities that cause them harm – such as risky thrill-seeking activities or meeting strangers. Advertising consumption of high fat, salt or sugar to children is also not allowed. Also bear in mind that children may be affected by your advert even if they are not the intended audience: you may be held to advertise to children anywhere that children could be exposed to your advert.
For more information about risks in advertising to children, see our Q&A here.
Conclusion
By following these key points, you can ensure your advertising and promotional material is not only effective at attracting customers but also compliant with legal standards – building trust and confidence in your brand. Our Terms and conditions document might help you follow these matters when promoting your business online.
The content in this article is up to date at the date of publishing. The information provided is intended only for information purposes, and is not for the purpose of providing legal advice. Sparqa Legal’s Terms of Use apply.
Rahul joined Sparqa in 2025 from the Commercial Court, where he served as a Judicial Assistant. He has active interests in commercial, corporate and employment developments which he pursues alongside teaching undergraduate law.