Upheld: ASA rules against gambling ads in their latest action against social casinos

Upheld: ASA rules against gambling ads in their latest action against social casinos

On 25 September 2024, the Advertising Standards Authority (the “ASA”) issued rulings against five different social casino games, concluding that their ads were “misleading” and did not make sufficiently clear that consumers “couldn’t win or withdraw any real-world money”.

These rulings come as part of a wider crackdown by the ASA against paid-for gambling-like ads, having been identified for investigation back in March 2024 following information gathered by the ASA.

The ASA ruled that the following five ads breached rules 3.1 and 3.3 of the CAP Code (the “Code”) for misleading advertising:

• Dataverse Co. Ltd’s (“Dataverse Co.”) (trading as ‘Gamehaus’) use of prize terminology was akin to playing on a mobile slot or real-life slot machine and its ads made a direct comparison to Las Vegas and the casino experience, which misleadingly implied the social casino games were gambling products in which prizes with real world value could be won and withdrawn.
• Huuuge Global Limited’s (“Huuuge”) (trading as ‘Billionaire Casino’) ads were held to have breached the Code as the text used inferred that real-world money or tangible prizes could be won by consumers.
• Mobee Co. Ltd’s (“Mobee”) (trading as ‘Ignite Cassic Slots’) ads were viewed as being realistic and the game was ‘designed by real casino experts’, which implied the app offered a similar casino experience. The ASA also ruled that Mobee’s lack of response to the ASA’s enquiries and apparent disregard for the Code was a breach of rule 1.7 of the Code for unreasonable delay.
•  SpinX Games Ltd’s (“SpinX”) two apps: ‘Jackpot Crush’ and ‘Wolf Run Eclipse’ were found to have a roulette-style wheel with prizes ascribed to it, emulating casino-based gambling.
• Zeroo Gravity Games’ (“Zeroo Games”) (trading as ‘Cash Tornado’) operated two apps, ‘Cash Tornado’ and ‘Jackpot Master’, which breached the Code as the app names were both associated with prizes that could be won via gambling.

Dataverse Co.

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This ruling featuring three paid-for social media-based ads. Two of the ads were for the ‘Grand Cash Casino Slots’ app, and the third was for ‘Double Win Slots Casino’. Each ad featured a combination of casino graphics and sound effects, including the use of exploding gold coins. One ad featured an individual stating, “Become a billionaire like me and download Grand Casino Cash Slots today”. Another ad featured an individual stating, “Guys, my bank account went from looking like this to this, just by playing Double Win Slots Casino instead of wasting my real money at casinos”, with two bank statements displaying “available balance $215.89” and “available balance $5,477.55”.

The Response

Dataverse Co. confirmed that players of the game could not cash out any winnings for real-world money or tangible prizes and that the app was designed for entertainment purposes only. Dataverse Co. noted that it was “crucial” for players to understand the app was not a gambling app and aimed to make that clear.

Dataverse Co. confirmed that the ads had been withdrawn in the UK, provided assurances that they would not be used in the future, and that measures would be put in place to clearly communicate the non-gambling nature of the games.

The Ruling

The ASA considered that the gameplay footage featured in the ads was akin to casino-based slot games, where it is possible to win and withdraw real-world money. The ads also contained prize terminology - “huge welcome bonus”, “win massive prizes” and “extra rewards and bonuses” - which further reinforced the similarity to mobile and real-life slot machines.

The ASA also noted that the ads made direct comparisons to Las Vegas and the casino experience, which could be interpreted as an indirect reference to gambling.

The ASA also referenced the comparison of the two bank statements, which could be interpreted to mean that an individual won real-world money by playing the game.

As consumers were not properly informed that real-world money or tangible prizes could not be won, alongside the claims and imagery featured in the ads and app names, the ASA concluded that Dataverse Co. had misleadingly implied that the apps were gambling products in which real-world money or tangible prizes could be won and withdrawn.

Huuuge

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This ruling featured two paid-for ads which were seen in March 2024 for ‘Billionaire Casino’. The first ad featured an individual stating “I just got a brand-new Tesla because I stopped going to the casino and started playing Billionaire Casino instead”. A casino slot machine and graphics including exploding gold coins were then showed on the ad.

A second ad featured piles of gold coins and various graphics, including a spinning roulette wheel.

The Response

Huuuge argued that it was clear the app was not a gambling product and confirmed users could not win or cash out real money prizes.

Huuuge also emphasised that in order to play the game, consumers had to download it from an app store where it was stated that the game did not offer real-world gambling, and that any wins made could not be exchanged into real-world money or rewards. Huuuge explained that ads linked through to a webpage on which consumers were informed of the same.

Huuuge suggested that the name “Billionaire Casino” and the slot machine imagery and sounds were typical of social casino apps, and that those likely to download the app as a result of the ad would be familiar with social casino games.

Huuuge confirmed that the ads had been removed upon notification of the complaint.

The Ruling

In reference to the individual stating they were able to buy a brand-new car because they stopped going to the casino and played Billionaire Casino instead, the ASA considered that consumers would interpret this to mean that the individual had won a significant amount of money by playing the app and had been able to purchase the new car with the winnings accrued.

The ASA also considered text such as “HUUUGE JACKPOT”, “boost your jackpot chances” and “win massive prizes” indicated that the individual being able to purchase the car had done so with winnings earned via the app. By extension, this suggested that real-world money or tangible prizes could be won by consumers.

The ASA noted that, whilst the ads did not feature or refer to real-world currency, the lack of any such references was not enough to override the impression that real-world money or tangible prizes could be won by playing Billionaire Casino. Therefore, the ASA concluded that the ads were misleading, in breach of the Code.

Mobee

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This ruling concerned two paid-for ads for ‘Ignite Classic Slots’ ads. The first ad featured an individual holding a large amount of money in front of a slot machine. The on-screen imagery was accompanied by text stating “BIG WINS” and “SUPER WIN”.

The second ad included a slot machine being played by an off-screen individual, who stated “Lets go, winner…be a miracle”. At the same time, a mobile notification appeared at the top of the ad, displaying text stating, “You just received 3000000 coins”.

The Response

Mobee did not respond to the ASA’s enquiries.

The Ruling

The ASA noted that the scene was realistic. As the individual featured in the ad appeared to be in a casino, holding a substantial amount of real-world money, the ASA considered that it could be interpreted that the individual had won a significant amount of real-world money in the app, despite not having spent any real money.

Reflecting on the claims and imagery featured in the ads, the ASA concluded that these gave the impression that the apps were gambling products in which real-world money or tangible prizes could be won and withdrawn. Therefore, the ASA ruled that the ads were misleading and breached the Code.

The ASA was also concerned by Mobee’s lack of response and “apparent disregard” for the Code. The ASA reminded Mobee of its responsibility to respond promptly to enquiries and referred the matter to the Committee of Advertising Practice’s Compliance team.

SpinX

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This ruling featured ads for two apps offered by SpinX. The first ad was for the ‘Jackpot Crush’ app, which featured a casino spinning wheel in motion and exploding gold coins alongside slot machine sound effects. Accompanying text stated “Enjoy authentic casino slots online. Play now”. The second ad was for ‘Wolf Run Eclipse’, which included an image of a casino slot machine alongside sound effects. On-screen text stated, “MASSIVE WIN” with further text in a smaller font stating “In-game rewards are not real money”.

The Response

SpinX confirmed that the apps could be downloaded and played for free, with in-app purchases not being necessary to enjoy the games.

SpinX noted that it had implemented several disclosures detailing that the games were designed for entertainment purposes only. It also emphasised that the app contained a ‘responsible gaming’ notice in the settings section, an ‘FAQs’ section, and in the terms of service, all of which stated that there were no real money cash-outs or tangible prizes to be won. SpinX further noted that a disclosure had been included in one of the ads, stating “in-game rewards are not real money”.

The Ruling

The ASA considered the roulette-style wheel with prizes ascribed to it emulated casino-based gambling and that, in this context, consumers would interpret that real-world money could be won through the games.

The ASA acknowledged that there was a disclosure that the apps were social casino apps.  However, the disclosure on the ad itself appear at the bottom of the ad and was presented in small white font which made it difficult to read.  Further, the disclosure on the product listing in the app store was only accessed once the consumer clicked through from the ad. As the decision to click through to the app from the ad was a transactional decision, the ASA noted that consumers were not provided with information that was material to that decision, at the correct time.

The ASA concluded that the claims and imagery featured in the ads gave the impression that the apps were a gambling product in which real-world money or tangible prizes could be won and withdrawn and were therefore misleading in breach of the Code.

Zeroo Games

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This ruling featuring two paid-for ads for ‘Cash Tornado’ and ‘Jackpot Masters’ respectively. The ‘Cash Tornado’ ad featured imagery of slot gameplay with corresponding sound effects. The ad for ‘Jackpot Masters’ featured on-screen text stating “If you don’t hit a Jackpot of 10 trillion coins within 10 spins just delete the app. Jackpot Masters is a 100% free social slots game. Not only can you hit a big jackpot in just 10 spins but the payouts are EXTREMELY HIGH. Even if you only got a few coins you can still hit the jackpot of UP TO 20 TRILLION. With Cash Tornado you will win TRILLIONS MORE COINS in just an hour unlike if you would play any other slots game for entire week […] Trust me it won’t let you down”.

The Response

Zeroo Games confirmed that players could not win real-world money or tangible prizes on the apps and argued that this was made clear through explicit language in both the app store listing and the applicable terms of service.

Upon notification of the complaint, Zeroo Games acknowledged that the ads had been published without appropriate disclaimers. Zeroo Games noted that it took “immediate action to update the ads” to include a disclaimer.

The Ruling

The ASA noted that the use of statements such as “hitting the jackpot” would be interpreted by consumers to mean winning the largest amount of money or prize available.  Also, the ASA concluded that consumers would understand “payout” to be synonymous with other associated gambling terminology such as “withdraw” or “cash-out” and that, therefore, the term represented the amount of money they would win.  The ASA also considered that the app names ‘Cash Tornado’ and ‘Jackpot Masters’ were associated with prizes that could be won via gambling and thought consumers would believe the apps provided the opportunity to gamble and withdraw winnings.

Whilst acknowledging that the app store listing and the terms of service stated that players were unable to win real-world money or prizes, the ASA considered that this was insufficient to override the impression created by the ad. As in the ruling for SpinX, the ASA further noted that consumers were not provided with sufficient information at the requisite time to take a transactional decision. Therefore, the ASA concluded that Zeroo Games had breached the Code.

Comment

These five rulings issued simultaneously by the ASA reflect an enforcement drive against paid-for gambling-like ads.

In several rulings, we have observed the company in scope arguing that the gambling imagery and sounds used are typical of social casino apps. However, the ASA has emphasised in each case that the overriding impression is that real-world money and tangible prizes can be won – and when this is not the case, the ad is misleading in breach of the Code.

When preparing advertising materials for gambling-like games, advertisers should ensure that the content does not imply that users can earn real-world money or prizes, when this is not possible. This includes by way of what is included in the ad (for example, imagery, statements, and sound effects), as well as what has been omitted (for instance, a lack of a suitable disclaimer in the ad itself).

Co-authored by Ryan Kelly, Solicitor Apprentice at CMS