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.
Marketers often announce various types of promotion, ranging from free product offers to discounts on holidays, on front-page flashes - sometimes referred to as ‘puffs’. The brevity of the flash can raise problems under the Code and the most common problems include: not making clear that it is a token-collect scheme; unless obvious, whether the promotional item is included with the publication, for example CDs or DVDs (Associated Newspapers Ltd t/a Daily Mail, 7 April 2010; News Group Newspapers Ltd, 25 January 2006 and The Telegraph Group Ltd, 1 June 2005); confusion about costs such as postage and packaging and whether an offer is “free” (Associated Newspapers Ltd t/a Daily Mail, 16 December 2009, Express Newspapers plc, 29 October 2008 and Express Newspapers plc, 6 September 2006;); not making restrictions or limitations, such as limited availability, clear (Telegraph Media Group Ltd t/a The Sunday Telegraph, 5 October 2011, News International plc, 23 November 2005, and Express Newspapers plc, 18 August 2004) and mis-describing the offer (Sheffield Newspapers Ltd, 8 February 2008, and Express Newspapers plc, 4 May 2005).
Common problems, such as the need to state that more purchases of the publication will be necessary to participate in a promotion are outlined in the CAP Help Note on Front-page Flashes. Marketers should bear in mind that rule 8.29 states that consumers must know from a front-page flash whether they will have to make multiple-purchases of the publication and whether any conditions exist that might reasonably influence their decision to buy the publication or participate in the promotion (Associated Newspapers Ltd, 16 June 2004, and American Airlines and Independent Newspapers UK Ltd, 17 December 2003). Claims such as “token 1 today” or “token collect” are usually sufficient to indicate to readers that more purchases are required. The ASA decided that a requirement to purchase a return ticket from London in order to receive a free ticket to London was an additional cost which ought to have been made clear on the front page flash (Grand Central Railway Company Ltd, 28 January 2009). The ASA found a front page flash in a national newspaper which claimed the free product could be picked up from “SELECTED JOHN LEWIS, DEBENHAMS AND HARVEY NICHOLS” stores to breach the Code because it considered the limited number of participating stores (28) was a major condition that might reasonably have influenced consumers significantly in their decision to buy the newspaper (Telegraph Media Group Ltd t/a The Sunday Telegraph, 5 October 2011).
The ASA upheld complaints against a front page flash on the Daily mail which stated "FREE WITH TOMORROW'S MAIL POIROT FREE DVD" because it implied that the DVD would be available ‘with’ i.e. inside, the next day’s paper whereas the promotional item needed either to be collected from a participating store or claimed by post. The fact that the front page flash of the promotional edition of the paper made the collection requirement clear did not overcome the impression given by the initial flash which was subject to the complaint (Associated Newspapers Ltd t/a Daily Mail, 7 April 2010).
This advice is designed to be read in conjunction with the Help Note, Sales Promotion section of the CAP Code and the other entries in this advice section. Also, promoters might want to seek legal advice.
Last modified : 29 March 2012