1	Advertising Regulation – the UK experience Christopher Graham Advertising Standards Authority, UK
2	Ad self-regulation makes sense Helps to maintain confidence in marketing communications Maintains a level playing field between competitors Prevents an arms race of exaggerated claims Enables business to respond to customer concerns Safeguards freedom to advertise responsibly Helps to grow the marketing communications sector Supports media dynamism and pluralism
3	Principles Burden of proof lies with the advertiser, not the ASA Advertisers must hold substantiation for all claims ASA does not have to prove that an ad misleads ASA Council interprets the Code System works because it is in the interests of advertisers, agencies and media that it should
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5	Stages of a formally investigated case
6	Cosmetics Advertising Survey 2007, (published May 2008)
7	L’Oreal, 2005 L’Oreal Wrinkle De-crease: 76% reported visible reduction on expression lines (of 50 women’s self-evaluation after 3 weeks) Anti-creasing cream with Boswelox to counteract skin micro contractions In only one hour. Rapidly reduces wrinkles
8	Beiersdorf, 2007
9	Six classes of claims Sensory claims Product aesthetics claims Performance claims Ingredient claims Combination claims Comparison claims
10	… and three levels of evidence Widely accepted/established Established rationale but requiring additional evidence Advances in science and technology
11	Examples Sensory: “Your skin feels smoother” Established performance claim but requiring additional evidence: “80% of women say it reduces the appearance of wrinkles” Advances in science and technology: “Reduces the appearance of wrinkles by 30% in four weeks” “long lasting results” “[cosmetic active A] reduces wrinkles”
12	Advances in science and technology Claims that are based upon what the general scientific community would be likely to regard as a significant advance in science or technology require the highest level of supporting evidence. The ASA/CAP Executive accesses that community through its experts
13	Dossiers of evidence Such evidence will be viewed in totality and advertisers should not ignore sound data that contradict the claim when compiling that body of evidence. The total package should be presented in a way that explains the nature of the scientific or technological advance as well as how the product works (where applicable), in addition to providing sufficient evidence to demonstrate that the product does indeed work and so support the claim itself
14	Getting help and staying informed
15	Copy Advice - Fast (within 24 hours); free; confidential - Its users rate it: 97% overall customer satisfaction; 98% would recommend it to someone else; 97% knowledge/professionalism of staff - Help to avoid future problems with the ASA (it will support our case to the ASA) “No advice is better informed about how the ASA (Council) will interpret the Code” http://www.cap.org.uk/cap/copy_advice/
16	Help Notes • Provide a comprehensive guide to a given sector or issue, for example: - Substantiation for Health, Beauty & Slimming Claims - Claims that Require Qualification http://www.cap.org.uk/cap/advice_online/help_notes/ http://www.cap.org.uk/cap/advice_online/broadcast_help_notes/
17	Advice Online • A regularly updated searchable database of advice for non-broadcast marketing communications. • Entries will change with landmark decisions by ASA. http://www.cap.org.uk/cap/advice_online/advice_online_database/
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19	Update@CAP and Insight Free quarterly e-mail newsletter News on high profile and landmark ASA adjudications Code changes and developments Compliance Reports Common problems and how to avoid them Training and events, including Advice:am seminars Subscribe here: http://clients.adestra.com/asa/cap/
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21	www.asa.org.uk