Advertising Standards Authority

AI makes it easier to manipulate images and other content in ways that may mislead consumers, as well enabling ads to be created much more quickly – potentially without human involvement or verification. The CAP Codes do not contain specific rules on AI, and the ASA’s view at the moment is that the use of AI is not generating unique issues that require either the codes or its approach to be modified. However, this could change. Currently the ASA advises advertisers to exercise caution around deepfakes and other potentially misleading uses of AI, and to remember that whether an ad is deemed misleading will always come down to its specific content and context and the likely audience interpretation. The ASA has also warned advertisers who use ‘AI’ as a marketing term not to exaggerate the abilities of AI-related products, and is closely watching the marketing of AI-powered services such as online mental health support and certain essay writing tools and chatbots, where it believes there is potential for ads to be misleading, irresponsible or harmful.

The ASA’s latest annual report suggests that businesses are getting better at evidencing green claims in their advertising, with big brands in particular being largely compliant. This has been an area of focus for the ASA, which has frequently reminded advertisers that simply asserting that a product or service is ‘green’ or ‘sustainable’ without further explanation is not compliant. But the ASA remains concerned about green claims – such as ads that promote green initiatives without providing context about the wider framework of a brand’s overall environmental impact.

The DMCCA enables regulators to consider a consumer’s circumstances when evaluating unfair commercial practices. This looks set to reinforce the ASA’s long-standing priority of protecting vulnerable consumers, encouraging it to consider whether a broader range of ads could be held to have a misleading impact on consumers with a vulnerability. The ASA has also been expanding its understanding of vulnerability – it now considers not only traditional ‘inherent’ vulnerabilities such as age or long-term disability, but also situational or temporary vulnerabilities such as grief or stress.

The long-delayed bans on advertising less healthy food and drinks on TV between 5:30am and 9:00pm, and by way of paid-for online ads, have finally come into force. Following confusion about whether brand advertising for brands with less healthy products would be affected if individual less healthy products were not themselves being advertised, the government legislated to exempt brand advertising from the restrictions. The ASA has published guidance to advertisers on how to comply with the new rules. Food and beverage businesses should consider the new rules carefully when developing new advertising, and watch out for the ASA’s approach to enforcement during 2026.

The DMCCA introduces a ban on creating or publishing fake consumer reviews and consumer reviews that have been incentivised without revealing that fact. There is also a ban on publishing reviews in a misleading way, such as by suppressing negative reviews, and on publishing misleading information derived from reviews, such as an average star rating based on fake reviews. Competition and Markets Authority guidance is that businesses must take reasonable and proportionate steps to prevent/remove banned content to comply with the law. This should include having a published policy banning fake reviews and setting out the advertiser’s approach to incentivised reviews and consumer review information; completing a risk assessment and updating it regularly; and having processes in place to investigate and detect banned reviews and false or misleading consumer review information, and to take action to remove them and reduce the risk of them reappearing.