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.
“Only” and “One and only” claims are regarded as either objective or subjective, depending on the context of the claim. In some circumstances the ASA has considered the claims objective and upheld complaint against them: “Hykeham’s only cycle shop (Arrow Cycles, 17 April 2002) and “Buchan’s Only Local Newspaper (Buchan Advertiser, 21 November 2001). In other circumstances, the ASA has considered the claims objective but substantiated, for example complaints against the claim “The only toothpaste proven to work above and below the gumline” were not upheld (Colgate-Palmolive, 30 October 2002). In 2001, the ASA considered the claim “The only name for Milk, Suckler, Sheep and Sugar Beet Quota” was subjective and rejected the complaint (Ian Potter Associates, 24 October 2001).
If “only” and “one and only” seem to be another way of stating “best”, the ASA and CAP are likely to regard the claim as an expression of opinion unless the rest of the advertisement gives the criterion for what then becomes an objective superiority claim.
Last modified : 30 July 2010