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 Introduction to the CAP Code, section II states that the CAP Code does not apply to packaging or labelling unless it advertises another product or includes a sales promotion element. An exception, however, exists, if marketing communications feature a pack-shot in which the label or package can be seen. In those circumstances, claims on the pack will be considered as forming part of the marcom and will be subject to the Code.
Another exception might also exist if marketers are sending out free samples. The General Media Panel (see entry on ‘Panels’) considered that claims on free samples that replicated faithfully the claims on the regular product were to be regarded as packaging and therefore outside remit. But it considered that, if marketers distributed free samples the packaging of which had been specially designed, that packaging should be considered as being integral to the marketing communication and inside remit. The GMP was anxious to prohibit marketers from using the packaging of free samples to circumvent the Code by deliberately making claims they would not otherwise be allowed to make in advertisements. The Panel’s opinion has not been tested by the ASA but remains the advice of the Copy Advice team.
Marketers should be aware that other bodies, such as Trading Standards and the Medicines and Healthcare products Regulatory Agency (MHRA), might cover packaging claims for foods and medicines and they should check with those bodies.
Leaflets included in packages (and therefore available after purchase) are likely to be considered within remit if they advertise products other than the one bought.
Last modified : 06 August 2010