Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The Copy Advice team often sees ads that claim a product or service is ”new”. As a rough rule of thumb, we advise that the word “new” is used only when the product or service has been sold for 12 months or less. Our guidance will obviously depend on the nature of the product being advertised and the marketplace in which the marketer operates. In a fast-moving market, such as computers, in which upgrades and product development happen quickly and often, 12 months is likely to be too long. But in a less dynamic market, such as motoring, it might be acceptable to continue to describe a model as “new” for longer. For example, the ASA decided that BT’s re-branded directory service, 118500, which replaced 192, which had existed for over 40 years, could legitimately be described as “new” (British Telecommunications plc, 3 November 2004).
The ASA upheld a complaint against a property developer that described its deal as “brand new” because the deal had been available before (Barratt Developments plc, 19 January 2005). Similarly, it upheld a complaint about the BBC’s “bright new channels” because the advertised channels had been available to digital viewers for some time (British Broadcasting Corporation, 10 March 2004). On the other hand, the ASA rejected complaints about a ferry company’s claims to offer “new ships” because the vessels, passenger facilities and their operational support infrastructures were newly built and materially different from the previous models (P&O Ferries, 23 July 2003).
In 2006, CAP conducted research into the consumer perception of ”new”. Generally, consumer understanding of “new” was found to be influenced by: frequency of purchase cycle; level of knowledge of category; exposure of advertising; how involved the decision making was and characteristics of the product or service category, such as level of innovation in category, level of competition, product value, brand reputation within the category and track record in innovation.
Although our starting point will usually be 12 months, the Copy Advice team will judge each ad on its merits and will use common sense when giving advice.
Last modified : 29 June 2010