Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
For the purposes of the Code, a child is someone under 16. If advertising a promotion aimed at children, then Sections 5 and 8 will be likely to apply. Section 5 of the CAP Code contains the rules regarding advertising targeted at, and featuring, children, while Section 8 contains rules for promotional marketing.
Marketers should ensure that promotional items are suitable for the audience addressed, but marketing communications featuring promotions to children must be handled especially carefully and with a due sense of responsibility;
- Promoters should take care not to exploit children’s susceptibility to charitable appeals and should explain the extent to which their participation will help in any charity-linked promotion (Rule 5.3.2).
- HFSS product advertisements that are targeted through their content directly at pre-school or primary school children (under-12s) must not include a promotional offer (Rule 15.14).
- Promotions directed to children should not include alcohol, gambling or any other product that is unsuitable for a child or that has an age restriction for children (Rules 8.4, 8.5 and 8.8).
Promotions addressed to or targeted directly at children must make clear that adult permission is required if a prize or an incentive might cause conflict (Rule 5.6), for example such as animals, bicycles, tickets for outings, concerts and holidays. Promotional material for children must also contain a prominent closing date (unless the promotional pack includes the promotional item or prize and the only limit is the availability of that pack: Rule 8.17.4.b).
Rule 5.4.2 requires that marketing communications must not include a direct appeal to children to buy an advertised product or persuade their parents or other adults to buy an advertised product for them. This rule reflects a prohibited practice from Schedule 20 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA) - see note in Section 3 of the CAP Code for further information. Therefore, marketing communications should not directly encourage children to buy the advertised product.
The Code also prohibits promotions that require a purchase to participate, and include a direct appeal to make a purchase, being addressed to or targeted at children (Rule 5.7). Promoters should ensure that they do not to invite children to enter promotions at cost because that could constitute making a direct appeal to buy something.
See ‘Promotional marketing: General’, 'Promotional marketing: Terms and conditions', 'Children: Food' and 'Children: Credulity'.