Marketinglaw Update | May 2026
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Dance app missteps with “free” subscription claim
ASA rules that a dance app using a money back model cannot be descried as “free”.
ADHD advertising claims attract ASA attention
Two recent ASA rulings have addressed the extent to which advertisers can reference ADHD when promoting consumer products.
New consent-free marketing route for charities: ICO publishes guidance on the 'charitable purposes soft opt-in'
The ICO has published guidance on a new PECR exception, introduced by the Data (Use and Access) Act 2025, that allows charities to send electronic marketing to individuals without prior consent subject to conditions.
Advertising cookies: Court of Appeal rules that the test for consent is a purely objective one
The Court of Appeal holds that the test for consent under the UK GDPR and PECR is objective.
ASA crack down on Gecko Play’s pistachio analogy
The ASA ruled that a Gecko Play ad comparing gambling to eating pistachios trivialised gambling and encouraged socially irresponsible behaviour, in breach of the CAP Code.
- Posted in:
- Advertising Regulation
- Online Advertising
The Pizza Company serves up a misleading prize promotion
The ASA ruled against The Pizza Company because its promotional packaging misled consumers into believing all products were eligible for a prize draw.
- Posted in:
- Advertising Regulation
- Marketing Techniques
- Retailing
New exceptions explained in ICO final guidance on storage and access technologies: could online advertising be next?
The ICO has published final guidance on storage and access technologies under PECR, incorporating new sections on the exceptions for statistical purposes, appearance and emergency assistance introduced by the Data (Use and Access) Act 2025, and provided an update on its online tracking strategy.
ASA’s claws come out for Untamed cat food ad
The ASA upheld complaints against Untamed Cat Food’s ad, ruling that claims about competitor meat content in cat food and cats’ nutritional needs were misleading and insufficiently substantiated.
ASA rules that AI video app ad crossed the line
The ASA has upheld complaints against an ad for an AI video app, rendering it irresponsible, harmful and likely to cause serious offence under the CAP Code.
- Posted in:
- Advertising Regulation
- Online Advertising
Knit ad unravels under ASA scrutiny
The ASA upheld a complaint against Charmfay Shop’s online ad for a hooded jumper, finding that the claims and imagery had not been substantiated and were misleading.
ASA clamps down on WiggyDog's exaggerated robot-puppy claims
The ASA upheld complaints against WiggyDog’s ad for a robot-dog toy, finding that claims and imagery exaggerated the product’s realism and functionality.
AI in advertising: ICC publishes guidance on its Advertising and Marketing Communications Code
The International Chamber of Commerce has released a guide for marketers on how AI applies to its Advertising and Marketing Communications Code.
