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			July 2008
	Keeping you up-to-date with developments in the non-broadcast advertising codes and the range of resources available to you.  Welcome to Insight   On 26 May 2008 new UK legislation, the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) came into force to help protect consumers from unfair trading practices.   They are far-reaching and cover a wide range of commercial practices including a general prohibition of unfair commercial practices, prohibitions on misleading and aggressive practices, and thirty-one ‘blacklisted’ practices prohibited in all circumstances.   CPRs represent the biggest change to consumer protection law for many years. The UK advertising codes have been amended to take account of the new requirements under CPRs and the advertising self-regulatory system will be the established means for the control of unfair commercial practices within the advertising sector.   There is further guidance below, so just click on the links to get further information, or just ensure that your personal profile is up-to-date and you are receiving the most up-to-date and relevant communications. We hope Insight will help you get the best from the Copy Advice service. Claire Serle, Copy Advice Manager claires@cap.org.uk   Guidance on Unfair Commercial Practices If the bad news is that the CPRs is a complex and detailed piece of European legislation, the good news for marketers is that in practice the changes to the CAP Code – and the ways that marketers advertise – are likely to be fairly minimal.   The CPRs apply only to marketing communications for goods and services – ads for charities and other non-commercial products are not covered.  Whenever it considers complaints that an advertisement or sales promotion misleads, or is unfair or aggressive to consumers, the ASA will have regard to the CPRs.  On the rare occasion that the ASA refers non-compliant advertisers to the OFT, action taken by the OFT would fall under the new legislation.   For the most part unfair practices outlawed by the regulations were in fact already covered by the CAP Code, though the Code has now been revised to include clauses that explicitly prohibit certain blacklisted practices.  A number of updates to the Code have been made to the sections on Legality, Truthfulness, Fear and Distress, and Availability of Products; the Sales Promotion Rules; the Direct Marketing Rules; and the sections under Other Specific Rules.    The revised CAP Code applies to marketing communications that appear after 24 June 2008.  Although we do not anticipate huge changes to the way that advertising is regulated, ultimately the decision on how the new Code clauses should be applied will be taken by the ASA Council, or potentially the Courts.   Marketers should be aware that there are certain areas where there have been relatively significant changes.  Ads that include details about the characteristics of a product and a price may also require certain other information to be stated but only if the omission of this information could mislead consumers: http://www.cap.org.uk/cap/codes/cap_code/ShowCode.htm?clause_id=1502   Fears that the CPRs will restrict certain long-established practices such as Buy One Get One Free and other free offers are premature because these types of offer are still permitted by the Code: http://www.cap.org.uk/cap/codes/cap_code/ShowCode.htm?clause_id=1591   But it is important to note that discussions are still ongoing about the acceptability of these types of promotion in the long term.   The rules have been tightened on the awarding of prizes and promoters now have less justification for withholding prizes and must not charge entrants to claim a prize:  http://www.cap.org.uk/cap/codes/cap_code/ShowCode.htm?clause_id=1591   Further information and guidance can be obtained from BERR or the OFT.   Although we can’t give you legal advice, we can help ensure compliance with the Code and give you the confidence to know that your ads are unlikely to breach the Code. Contact the team on 020 7492 2210 or e-mail copyadvice@cap.org.uk.    Consumer Protection from Unfair Trading Regulations: the implications of this new legislation for advertisers and the advertising codes. On Wednesday 25 June, CAP ran a free Advice:am master class which explained what CPRs mean for advertisiing and the changes that have been made to the advertising codes.   It was designed to help marketers understand how CPRs have impacted on advertising regulation in the UK and in particular:   • Changes to the CAP and BCAP codes • What CPRs means for use of free, prize promotions and advertising   to children • Where to go for further help   If you weren’t able to attend, you can download a copy of the presentation and if you have any further queries, feel free to contact Copy Advice.       Meet the Copy Advice Team   Everyone in my team of six is happy to deal with any question that may arise, but we all have special interests in particular areas. In every edition of Insight we introduce an individual member of the Copy Advice team, so if you have specific relevant queries you will know who to come to.  You can contact the team by phone on 020 7492 2210 or by e-mail at copyadvice@cap.org.uk.     Matthew Morgan   Matthew has a BA in History from the LSE.  Before joining CAP he worked in the Advertising Standards Authority Complaints team for 18 months.  He has been on the Copy Advice team for over a year and specialises in telecoms advertising (including broadband packages), the use of “free” in marketing material, taste & decency issues and alternative therapies.   You can contact Matthew directly on 020 7492 2154 or email him at  matthewm@cap.org.uk		CopyAdvice            The Codes Advice Online Help Notes Home
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