Lacey-Demi Eyles Unit 3
Assignment 4 – Types of Legislation
For this assignment, I have been approached and asked to produce a report in aid of a promotional campaign. In this
assignment, I will be explaining the limitations and constraints of marketing due to legislative restrictions and also due
to voluntary restrictions such as pressure groups. I will be using actual examples to illustrate my point.
Who are the Advertising Standards Authority? The Advertising Standards Authority (ASA) is the UK’s independent
advertising regulator. The ASA makes sure ads across UK media stick to the advertising rules. The Committee of
Advertising Practice (CAP) is the sister organisation of the ASA and is responsible for writing the Advertising Codes. The
ASA and CAP are committed to regulating in a way that is transparent, proportionate, targeted, evidence-based,
consistent and accountable. The ASA respond to complaints but also check ads across media to make sure they’re sticking
to the rules. They monitor ads in sectors where there are potential consumer protection issues or where there are societal
concerns about specific products, for instance age-restricted products like alcohol, gambling or electronic cigarettes.
The following adverts listed below were all banned for specific reasons, below I will be discussing the reasons as
to why these adverts were banned:
Olay: An anti-ageing skin cream advert starring Twiggy was banned in 2009 after it emerged the real secret to the
model’s brighter-looking eyes was generous airbrushing at the hands of a photo retoucher.
Red bull: In August the energy drink company agreed to pay more than £8m to settle a class action lawsuit for misleading
consumers with promises of increased physical and mental performance.
Energy Efficient: The UK Government misled consumers about its flagship energy efficiency scheme, the advertising
watchdog ruled this year. The Green Deal adverts implied savings were guaranteed.
Reebok: The sports brand was ordered to refund £16m to customers in 2011 after promising that its easy tone shoes could
firm users’ buttocks and legs, despite producing no evidence to support this claim.
Listerine: Makers of the mouthwash had been marketing their product as a cold remedy for over 50 years when the
federal trade commission declared in 1976 that the health claims were bogus.
Morrison’s: Earlier this year the supermarket chain came under fire for a TV advert showing a child removing all the
salad items from her burger. Morrison’s denied it condoned unhealthy eating but the advert was axed.
Protein World: Protein World’s controversial “Are you beach body ready” ad campaign was banned from appearing in
its current form by the advertising standards authority as the ad was believed to encourage body shaming and promoted
an unrealistic body image.
Paddy Power: Paddy Power’s advert depicting two old ladies crossing the road with odds bubbled next to their heads
were quickly banned as people complained that the odds were representing their chances of making it across the road.
The title “let’s make it more interesting” was also quickly removed.
Sales of Goods Act 1979: The Sale of Goods Act 1979 requires goods to be as described, of satisfactory quality and fit for
purpose. Fit for purpose means both for their everyday purpose, and also any specific purpose that you agreed with the
seller. Goods sold must also match any sample you were shown in store, or any description in a brochure. The only time
goods are not required to be satisfactory quality is if a defect or issue was specifically drawn to your attention before you
bought them. Some stores have specific steps which they take in terms of their return policy. For example, New Look’s
returns policy states that items have to be returned before 28 days and are eligible for either an exchange or store credit
such as a gift card, they do not give back cash amounts. Marks and Spencer’s on the other hand will issue you either a full
refund or an exchange if the item is sent back within 35 days.
Consumer Protection from Unfair Trading Regulations 2008: The Consumer Protection from Unfair Trading
Regulations protects consumers from unfair or misleading trading practices and ban misleading omissions and
aggressive sales tactics. It is an offence under the Regulations for traders to use misleading or underhand tactics to get
you to part with your cash or make some other transactional decision that you would not otherwise have made. Misleading
actions include advertising goods that don't exist, or offering just a few items at the advertised price with no hope of
meeting large demand. Traders are also banned from making misleading comparisons, so a trader cannot claim 'product
A lasts twice as long as product B' if in fact Product A lasts only slightly longer. An example of when this act was broken
was in 2011 by Tesco. They were fined £300,000 for misleading consumers over a half-price deal on punnets of
strawberries. The supermarket giant was ordered to pay the fine at Birmingham Crown Court after admitting to
misleading customers in 2011 by advertising half-price British strawberries for a longer period than when they were sold
at a higher amount.
Consumer Credits Act 1974 and 2006: The Consumer Protection from Unfair Trading Regulations protects consumers
from unfair or misleading trading practices and ban misleading omissions and aggressive sales tactics. It is an offence
under the Regulations for traders to use misleading or underhand tactics to get you to part with your cash or make some
other transactional decision that you would not otherwise have made. Misleading actions include advertising goods that
don't exist, or offering just a few items at the advertised price with no hope of meeting large demand. Traders are also
banned from making misleading comparisons, so a trader cannot claim 'product A lasts twice as long as product B' if in
fact Product A lasts only slightly longer. An example of when this act was used was when Ryanair were fined a total of
1
Assignment 4 – Types of Legislation
For this assignment, I have been approached and asked to produce a report in aid of a promotional campaign. In this
assignment, I will be explaining the limitations and constraints of marketing due to legislative restrictions and also due
to voluntary restrictions such as pressure groups. I will be using actual examples to illustrate my point.
Who are the Advertising Standards Authority? The Advertising Standards Authority (ASA) is the UK’s independent
advertising regulator. The ASA makes sure ads across UK media stick to the advertising rules. The Committee of
Advertising Practice (CAP) is the sister organisation of the ASA and is responsible for writing the Advertising Codes. The
ASA and CAP are committed to regulating in a way that is transparent, proportionate, targeted, evidence-based,
consistent and accountable. The ASA respond to complaints but also check ads across media to make sure they’re sticking
to the rules. They monitor ads in sectors where there are potential consumer protection issues or where there are societal
concerns about specific products, for instance age-restricted products like alcohol, gambling or electronic cigarettes.
The following adverts listed below were all banned for specific reasons, below I will be discussing the reasons as
to why these adverts were banned:
Olay: An anti-ageing skin cream advert starring Twiggy was banned in 2009 after it emerged the real secret to the
model’s brighter-looking eyes was generous airbrushing at the hands of a photo retoucher.
Red bull: In August the energy drink company agreed to pay more than £8m to settle a class action lawsuit for misleading
consumers with promises of increased physical and mental performance.
Energy Efficient: The UK Government misled consumers about its flagship energy efficiency scheme, the advertising
watchdog ruled this year. The Green Deal adverts implied savings were guaranteed.
Reebok: The sports brand was ordered to refund £16m to customers in 2011 after promising that its easy tone shoes could
firm users’ buttocks and legs, despite producing no evidence to support this claim.
Listerine: Makers of the mouthwash had been marketing their product as a cold remedy for over 50 years when the
federal trade commission declared in 1976 that the health claims were bogus.
Morrison’s: Earlier this year the supermarket chain came under fire for a TV advert showing a child removing all the
salad items from her burger. Morrison’s denied it condoned unhealthy eating but the advert was axed.
Protein World: Protein World’s controversial “Are you beach body ready” ad campaign was banned from appearing in
its current form by the advertising standards authority as the ad was believed to encourage body shaming and promoted
an unrealistic body image.
Paddy Power: Paddy Power’s advert depicting two old ladies crossing the road with odds bubbled next to their heads
were quickly banned as people complained that the odds were representing their chances of making it across the road.
The title “let’s make it more interesting” was also quickly removed.
Sales of Goods Act 1979: The Sale of Goods Act 1979 requires goods to be as described, of satisfactory quality and fit for
purpose. Fit for purpose means both for their everyday purpose, and also any specific purpose that you agreed with the
seller. Goods sold must also match any sample you were shown in store, or any description in a brochure. The only time
goods are not required to be satisfactory quality is if a defect or issue was specifically drawn to your attention before you
bought them. Some stores have specific steps which they take in terms of their return policy. For example, New Look’s
returns policy states that items have to be returned before 28 days and are eligible for either an exchange or store credit
such as a gift card, they do not give back cash amounts. Marks and Spencer’s on the other hand will issue you either a full
refund or an exchange if the item is sent back within 35 days.
Consumer Protection from Unfair Trading Regulations 2008: The Consumer Protection from Unfair Trading
Regulations protects consumers from unfair or misleading trading practices and ban misleading omissions and
aggressive sales tactics. It is an offence under the Regulations for traders to use misleading or underhand tactics to get
you to part with your cash or make some other transactional decision that you would not otherwise have made. Misleading
actions include advertising goods that don't exist, or offering just a few items at the advertised price with no hope of
meeting large demand. Traders are also banned from making misleading comparisons, so a trader cannot claim 'product
A lasts twice as long as product B' if in fact Product A lasts only slightly longer. An example of when this act was broken
was in 2011 by Tesco. They were fined £300,000 for misleading consumers over a half-price deal on punnets of
strawberries. The supermarket giant was ordered to pay the fine at Birmingham Crown Court after admitting to
misleading customers in 2011 by advertising half-price British strawberries for a longer period than when they were sold
at a higher amount.
Consumer Credits Act 1974 and 2006: The Consumer Protection from Unfair Trading Regulations protects consumers
from unfair or misleading trading practices and ban misleading omissions and aggressive sales tactics. It is an offence
under the Regulations for traders to use misleading or underhand tactics to get you to part with your cash or make some
other transactional decision that you would not otherwise have made. Misleading actions include advertising goods that
don't exist, or offering just a few items at the advertised price with no hope of meeting large demand. Traders are also
banned from making misleading comparisons, so a trader cannot claim 'product A lasts twice as long as product B' if in
fact Product A lasts only slightly longer. An example of when this act was used was when Ryanair were fined a total of
1
