The Advertising Standards Authority (ASA) has highlighted that year on year, roughly 70% of the complains they receive related to misleading advertising. This proves that this is an issue that consumers take seriously and that all marketers should be mindful of.

ASA’s top tips to help you avoid the most common mistakes:

1. Don’t omit key information

All relevant information, including significant conditions to an offer, should be made clear in the ad itself. These should be stated close, or clearly linked, to the main claim. Significant conditions will vary depending on the circumstances, and we have further guidance on Promotional Marketing if you’re looking for more detail.

2. Make sure your pricing is clear

Pricing should relate to the product advertised, and include all non-optional charges (such as VAT and booking fees). We recently produced new guidance for secondary ticket providers and updated our guidance for the travel sector, and we have specific guidance for other sectors too, but the main principles apply across all sectors.  Also, don’t forget about delivery charges.

3. Don’t exaggerate the capability or performance of a product

Advertising is all about presenting a product in the best possible light, but don’t over-claim in a way that’s likely to mislead.  Obvious exaggerations that the average consumer is unlikely to take literally (and that are unlikely to mislead) are allowed though.

4. Ensure any qualifications are clear

Qualifying text (small print or footnotes) can be used to clarify a claim in an ad, but don’t use it to hide important information or in a way that misleadingly contradicts the headline claim. For example, it’s often contradictory to claim “X% Off Everything!*” and then qualify this with “*exclusions apply”.

5. Have the evidence to back up your claims

Remember that before you run an ad, you should hold adequate evidence to support all objective claims or those that are capable of objective substantiation, bearing in mind the impression consumers are likely to take from the ad. The level of evidence that is required will depend on the type of claim being made and the product in question. For example, for some health, beauty or slimming claims robust clinical trials may be required.

6. Be careful of claims in product names

A thorough investigation on the cause of death of crabs and lobsters that were washed up on the North East coast between October and December 2021 has been completed by Defra and partner agencies.

Following significant testing and modelling to rule out possible causes, they believe the deaths were potentially a result of a naturally occurring harmful algal bloom.

From evidence found during the investigation, it’s unlikely that chemical pollution, sewage or infectious aquatic animal diseases were the cause of the deaths. Follow up work in January 2022 by the Environment Agency has shown live healthy crabs present in the same area.

Evidence gathered by Government scientists and multiple agencies throughout this investigation will continue to be collated and studied. While this is no longer an active investigation, the agencies will continue to work with local fishers and remain on standby to respond if further events occur.

The in-depth investigation considered evidence from:

• Surveys by an EA boat, Humber Guardian, and shore-based monitoring teams.
• Traditional and innovative screening methods of samples of water, surface sediments, and crab which looked for over 1,000 potential chemical contaminants.
• Follow up on any indicative chemical signals, including pyridine, involving further testing of water, sediment, blue mussels and crabs.
• Washup events reported by the public and fishers.
• An analysis of crab samples for signs of infectious disease and naturally occurring marine harmful algal toxins.
• A review of environmental permits and industrial sites for evidence of abnormal discharges.
• A review of licenced marine activity in the local area (or deemed licence).
• Satellite imagery and phytoplankton samples.

While there is no food safety risk from eating crabs that have been caught in waters off the North East coast, it is unsafe to eat dead or dying crabs found on the affected coast.

The public are encouraged to continue report any incidents of concern to the EA helpline on 0800 80 70 60 and industry are encouraged to contact NE IFCA on 01482 393 515 or ne.ifca@eastriding.gov.uk.