Six checks on ASA and CAP Code claims in UK video marketing

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Six checks on ASA and CAP Code claims in UK video marketing

Video ads live or die on claims. A voiceover says "clinically proven", a caption reads "was £99", a presenter says "best in the UK". Each is a claim under the CAP Code, and each needs evidence before the campaign goes live.

The Advertising Standards Authority (ASA) polices the CAP Code for non-broadcast advertising, which includes online video, social media video and video-on-demand. The Committee of Advertising Practice (CAP) writes the rules. The ASA publishes its Advertising codes - ASA | CAP, and agencies should read them before signing off creative.

The Consumer Protection from Unfair Trading Regulations 2008 sit underneath. They make misleading commercial practices a legal matter, not just a regulatory one, and they give the ASA's work a statutory backdrop. The The Consumer Protection from Unfair Trading Regulations 2008 are worth knowing when a claim could change a viewer's decision.

The six checks below are the ones that catch UK video campaigns most often. They are not a legal opinion. They are a practical sequence for a video marketing agency's compliance lead, producer and editor.

For a wider view of how these rules bite in England, see our notes on advertising rules that catch out England campaigns.

Check one: substantiation for every claim made on screen

Substantiation means holding evidence before the claim runs, not finding it after a complaint. A claim can be spoken, written, shown in a graphic or implied by the edit.

Ask three questions. What exactly does the claim say? What evidence proves it? Who signed it off? If the answer to any is vague, the claim is not ready.

Evidence types vary. A price claim needs a current price list. A performance claim needs test data. A comparative claim needs a like-for-like comparison. An implied claim needs the same treatment as an explicit one.

The CAP Code requires that claims are truthful and can be substantiated. The ASA publishes past Rulings - ASA | CAP that show how it treats unproven claims, including video ads where the evidence did not match the words.

A useful rule: if the claim would not survive a polite request for proof, cut it or rewrite it. That is cheaper than an upheld ruling.

A worked example. A fitness app runs a video ad saying "users lose a stone in a month". The client has a small internal survey, no control group and no published methodology. The claim is not substantiated. The fix is to change the wording to what the evidence supports, or to run a proper study first.

Substantiation is also a disclosure question. If the ad is paid promotion, the viewer should know. Our article on why a disclosure policy should name one accountable owner covers that side.

Check two: misleading pricing and availability statements

Price claims are among the most complained about in UK advertising. A video ad that says "half price" or "from £9.99" must be accurate at the time it runs.

Watch for three traps. A reference price that was never charged. A headline price that excludes a mandatory fee. A limited-time offer that quietly continues after the deadline.

Availability claims need the same care. "While stocks last" is fine if stock is genuinely limited. "Only 3 left" is not fine if it is a marketing device used every week.

The CAP Code expects pricing to be clear and not to exaggerate what the viewer will pay. The Consumer Protection from Unfair Trading Regulations 2008 also treat misleading price indications as a banned practice.

Practical steps for a video marketing agency:

A common failure is a social cut that keeps the old price while the website updates. The ad and the landing page must match.

For the wider compliance picture, including how UK rules and ethics apply across campaigns, see our guide on UK rules and ethics.

Check three: testimonials, endorsements and comparative claims

A testimonial is a claim. If a customer says the product cured their back pain, the advertiser needs evidence that the experience is typical, or the testimonial must be qualified.

The CAP Code requires testimonials to be genuine and to reflect what most users can expect. A single dramatic result presented as normal is misleading.

Endorsements need disclosure. If a creator is paid, the ad should say so clearly. The ASA has ruled against ads where the commercial relationship was not obvious.

Comparative claims are high risk. "Better than" needs a fair comparison against a named or identifiable competitor, on a basis the viewer can understand. "The best" needs evidence that no other product performs as well.

Before sign-off, ask:

A worked example. A broadband provider runs a video ad saying "the UK's fastest broadband". The claim rests on one speed test in one city. The ASA would likely ask for evidence covering the whole market. The safer wording is a specific, measured claim the provider can prove.

Check four: health, beauty and environmental claims in video ads

Health and beauty claims attract close ASA attention. Words like "cures", "prevents" and "clinically proven" need strong evidence, often clinical trials, and must not overstate what a product can do.

Cosmetic claims are judged against the product's actual effect. A cream that moisturises is not a cream that removes wrinkles. A supplement that supports normal function is not a treatment for a condition.

Environmental claims are the fastest-growing area of complaint. "Carbon neutral", "eco-friendly" and "sustainable" must be backed by evidence and must cover the full life cycle the claim implies. Vague green language is a risk.

The CAP Code has specific rules on environmental claims, and the ASA has ruled against ads that overstate green credentials. A video ad that shows a plastic bottle floating in clean water while claiming to be "ocean friendly" needs proof that stands up.

A practical test: write the claim on one line, then write the evidence on the next. If the evidence line is longer and more conditional than the claim, soften the claim.

For teams without in-house legal support, our piece on meeting UK regulations covers how to build a workable review process.

Check five: children, age-restricted products and scheduling

Video ads that reach children face extra rules. The CAP Code restricts ads for products that are age-restricted, including alcohol, gambling, e-cigarettes and some foods high in fat, salt or sugar.

Scheduling matters. A video ad placed on a children's channel or in a kids' app will be judged against the rules for children, even if the product is aimed at adults. Targeting settings are part of the compliance decision.

Age-restricted products need more than a disclaimer. The creative must not appeal to under-18s, and the media buy must avoid where they gather. A cartoon character in a gambling ad is a problem.

Health claims for children's products are also constrained. A cereal ad that implies a health benefit for children needs evidence and must not encourage poor diets.

Before launch, check:

A worked example. An alcohol brand runs a video ad with a skateboarding teenager. Even if the ad is targeted at over-18s, the imagery appeals to under-18s and the placement may reach them. The fix is to change the creative and tighten the targeting.

Check six: pre-clearing creative with the ASA Copy Advice service

The ASA's Copy Advice service gives confidential, non-binding advice on whether a specific ad is likely to break the rules. It is free for CAP members and useful for high-risk claims.

Use it early. A request sent after the shoot can save the edit, but a request sent before the script is written can save the budget.

The Copy Advice - ASA | CAP service is not a pre-approval for broadcast ads, which sit under Clearcast and the Ofcom Broadcasting Code. For online video, it is the main route to a view before launch.

What to send: the script, the storyboard, the on-screen text, the voiceover and the evidence file. The more context, the more useful the reply.

A worked example. A fintech brand plans a video ad with the line "risk-free investing". Copy Advice is likely to flag the claim as misleading, because no investment return is free of risk. The brand rewrites the line before production, saving a reshoot.

Keep the Copy Advice reply with the campaign file. It shows the agency took steps to comply, which matters if a complaint arrives.

A quality checklist for delivery should include the Copy Advice step alongside the usual edit and sign-off gates.

What ASA sanctions and non-compliant advertiser listings mean for agencies

The ASA publishes its Sanctions - ASA | CAP page, which explains what can happen when an ad breaks the rules. Sanctions range from a request to withdraw or amend the ad, to published rulings, to referrals to other bodies.

For online video, the ASA can ask platforms and search engines to remove or block non-compliant ads. Persistent offenders can be listed as non-compliant advertisers, which affects their ability to buy ad space.

A ruling is public. It names the advertiser and describes the ad. That is reputational damage, and it is searchable.

For agencies, the risk is twofold. A client may blame the agency for the ruling. The agency may also lose the client's trust and future work.

Practical defences:

A video marketing agency that builds these steps into its process can move faster, not slower. The checks become a standard part of the edit, not a last-minute panic.

Common questions