Update on Marketing Laws: July 2025 Edition
In the realm of advertising, the Advertising Standards Authority (ASA) plays a crucial role in maintaining standards and ensuring compliance in the UK. Recent developments have seen a variety of advertisements come under scrutiny, while new regulations are being proposed to address changing industry trends.
One such development involves the ruling against Turner Lewis advertisements, found misleading by the ASA. Another case involved Huusk's advertisement, which was ruled against due to inappropriate scheduling. Diesel's latest advertisement, featuring drug-themed shoes, has been criticized for its creativity, while also facing criticism for objectifying content and creativity, as decided by the ASA.
The controversial 'Ladbucks' advertisement by Ladbrokes was found not compliant with advertising standards, and an insulin device advertisement was deemed unclear in its small print by the ASA.
The EU Accessibility Act is now in force, potentially posing a risk to businesses due to its implications. The use of unfair terms and conditions in marketing can lead to penalties, as demonstrated by a recent fine imposed in an unspecified marketing case.
In the realm of food advertising, the current regulations on HFSS (high in fat, salt, or sugar) advertising prohibit ads for specific less healthy food or drink products on TV before 9pm and online starting January 5, 2026. However, there is a pending and proposed exemption for "brand advertising," which means adverts promoting a brand overall—without showing or depicting a specific HFSS product—will not be subject to these restrictions.
The government has drafted secondary legislation — the Advertising (Less Healthy Food) (Brand Advertising Exemption) Regulations 2025 — to clarify this exemption, with a consultation open until August 6, 2025, to ensure legal clarity and consistency in enforcement. The draft regulations broadly define what constitutes "depicting" a product (including naming, jingles, audio cues) to prevent indirect promotion of specific HFSS products under the guise of brand advertising.
Artificial Intelligence (AI) is revolutionizing creativity and compliance in advertising, providing a tool for businesses to navigate the complex landscape of advertising regulations. The UK government is currently considering regulations to exempt certain types of advertising from HFSS restrictions, with a focus on 'brand advertising.'
Recent UK analysis of prize draws and competitions indicates upcoming regulatory changes, and the Regulatory Outlook for July 2025 has been announced. The ASA has paused its consultation on HFSS advertising restrictions, underscoring the ongoing dialogue between industry and regulatory bodies in shaping the future of advertising in the UK.
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- Artificial Intelligence (AI) is being utilized in the advertising sector to aid businesses in navigating the intricate regulations, thus ensuring compliance, especially with regards to 'brand advertising' that may be exempt from HFSS restrictions.
- The involvement of technology, particularly AI, in advertising is not restricted to compliance, but also extends to the realm of creative content generation, contributing to the ongoing evolution in the advertising industry.
