Who: The Advertising Standards Authority (ASA) and Persons Unknown t/a Charmfay Shop
Where: United Kingdom
When: 25 March 2026
Law stated as at: 9 April 2026
What happened
The ASA ruled against an online clothing retailer Charmfay Shop over a paid-for ad seen on a social media platform. The ad showed a model wearing a thick, knitted hooded jumper with text stating “Brave the cold in Viking knit” and “Men’s Vintage Viking Tribal Jacquard Celtic Muscle Line Inspired Art Plush Warm Hoodie”.
A complainant reported that the product was neither knitwear nor resembled the image shown in the ad. Charmfay Shop did not respond to the ASA’s enquiries.
The ASA found that the references to “Viking Knit” and “Plush Warm Hoodie”, together with the accompanying image of a chunky hooded garment, would lead consumers to expect a thick, knitted hooded jumper. Since the retailer provided no evidence as to the garment or its material, the ASA considered that the claims and image had not been substantiated and were misleading. The ad breached the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing rules 3.1 (misleading advertising) and 3.7 (substantiation).
Why this matters
This case highlights a growing challenge for the ASA: the proliferation of unidentifiable online sellers, often operating through social media advertising platforms, who can easily reach UK consumers but are difficult to hold to account.
It is also notable that the ASA did not need to examine the actual product received by the complainant to find a breach. The retailer’s complete failure to provide any evidence substantiating its claims was, in itself, sufficient for the ASA to conclude that the ad was misleading for the lack of required substantiation. The evidential burden rests with the advertiser: if challenged, it falls to them to demonstrate that their claims are accurate, and silence will be treated as an inability to do so. Substantiation is best gathered in advance of any new claims or ads being launched, in accordance with the requirements of the CAP Code and held ready, if requested, to provide to the ASA.
