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.

This AdviceOnline library entry provides advice on how to comply with the CAP Code’s rules on official endorsements in advertising, with examples from recent ASA rulings. 

What is an official endorsement? 

An official endorsement is any claim or suggestion in advertising that a product, service, or business is approved, recommended, or endorsed by a public body, government organisation, recognised professional institution or similar. This can include the use of logos, trademarks, or language stating or implying such endorsement. 

Official endorsements carry significant weight with consumers so it’s important to ensure that these are transparent and truthful to avoid misleading consumers. 

What do the rules say?  

The CAP Code (rules 3.52 and 3.53) makes clear that marketing communications must not: 

  • Display a trust mark, quality mark or equivalent without the necessary authorisation. 
  • Claim that the marketer (or any other entity referred to), the marketing communication or the advertised product has been approved, endorsed or authorised by any public or private body if it has not or without complying with the terms of the approval, endorsement or authorisation. 
  • Falsely claim that the marketer, or other entity referred to in the marketing communication, is a signatory to a code of conduct. 
  • Falsely claim that a code of conduct has an endorsement from a public or private body.  

When might an ad break the rules? 

An ad is likely to break the rules on official endorsements if it uses official logos or trademarks (e.g. government or regulator logos) without authorisation, uses language or visuals that suggest official approval or endorsement when none exists, presents claims of partnerships or professional memberships inaccurately or without evidence or mimics the design or branding of official websites or communications in a way that could mislead consumers. 

Here are some examples from recent ASA rulings: 

What should you do to remain compliant with these rules? 

  • Ensure all endorsement claims can be substantiated with evidence. Advertisers must hold clear, documented evidence to substantiate claims of endorsement or approval before publishing any such claims. 
  • Avoid ambiguous language that could be interpreted as official approval, especially if none exists. 
  • Be mindful of any legal protections around official logos and branding. Only use official logos, trademarks, or branding from third parties if you have explicit permission. 
  • Don’t imply government or public body endorsement unless you have clear authorisation.  
  • Be accurate and truthful about professional memberships and partnerships. Maintain accurate and up-to-date information on any partnerships or professional memberships you claim. 
  • Avoid using designs or language that could confuse people into thinking your ad is an official communication from a recognised third party. Review creative assets carefully, especially if they visually resemble government or official websites or communications. Clearly distinguish your branding from government or public body branding to help prevent confusion. 
  • Marketers of medicines and medicinal products should be aware that rule 12.18 prohibits health professionals from endorsing medicines. For more on this, see the entry on Health: Celebrities and health professionals. 
  • In ads for food products, it is not acceptable to make health claims that refer to the recommendation of an individual health professional. Health claims that refer to the recommendation of an association are acceptable only if that association is a health-related charity or a national representative body of medicine, nutrition or dietetics (rule 15.6.3). 
  • Ads must not only avoid misleading endorsement claims but also ensure claims do not cause harm or undue fear, particularly in sensitive areas such as health or personal safety. 

Further reading 

See ‘Testimonials and Endorsements’, ‘Flags and emblems’, ‘Denigration’, ‘Imitation: Unfair advantage of trade marks and names’, and ‘Health: Celebrities and health professionals’. 

 

 

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