Who: The Advertising Standards Authority (ASA) and Gismart Ltd t/a Dancebit
Where: United Kingdom
When: 29 April 2026
Law stated as at: 18 May 2026
What happened
The ASA ruled against Dancebit in relation to a paid-for social media ad for a dancing workout app. The ad, seen in January 2026, promoted various health benefits of the app and included a video of animated characters dancing, with on-screen text stating “Start dancing today, and see the difference by the end of February […] IT’S FREE NOW”.
The ASA received a complaint challenging whether the claim “IT’S FREE NOW” was misleading, given that consumers were required to pay an upfront fee and could only obtain reimbursement after completing a 28-day workout challenge, subject to several conditions.
Dancebit argued that the claim reflected a “money-back” model under which users paid an initial subscription fee but could receive a full refund of the first month’s fee upon completing a 28-day consecutive workout challenge within 60 calendar days of purchase. Missing a single day would reset the user’s progress, and users were required to submit screenshots as proof of completion. Dancebit further contended that, while the ad itself did not include the full terms, the ad medium was limited in space and time, and that material information – including price, the money-back conditions and auto-renewal terms – was provided as part of the wider consumer journey before any payment was taken.
The ASA, however, considered that consumers were likely to interpret the unqualified claim “IT’S FREE NOW” as meaning they could start using the app without having to pay. The ASA noted that the refund was available only in respect of the first month’s subscription fee, while the subscription itself was rolling. Because users were in fact required to pay upfront and could only later be reimbursed, the ASA concluded that the ad was misleading. It considered that any further information about the conditions of the offer, whether provided within the ad or subsequently, would contradict the absolute claim that use of the app was “FREE NOW”.
Why this matters
This ruling reinforces the ASA’s strict approach to “free” claims. An offer that requires upfront payment cannot be described as “free”, even if the consumer may ultimately pay nothing, particularly where the refund is contingent on meeting specific conditions. This is consistent with the Committees of Advertising Practice’s recent guidance on subscription offers and free trials, which states that “satisfaction or your money back” offers must not be described as free trials.
Dancebit argued that the ad format was limited in time and space, and that full terms were provided elsewhere before payment was taken. As set out in that guidance, however, the ASA will rarely accept time or space limitations as a reason for leaving out significant conditions. Where it is not possible to disclose all significant conditions within a particular ad format, marketers should carefully consider whether that format is suitable for promoting the offer.
Finally, price transparency is an ongoing enforcement priority for the Competition and Markets Authority (CMA) under the Digital Markets, Competition and Consumers Act 2024 (DMCCA), meaning that there is a heightened regulatory risk beyond the advertising context. Additionally, the new subscriptions contracts regime under the DMCCA is expected to come into effect in spring 2027, and the CMA states that “businesses must get ready to comply”.
