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.
Vulnerability can derive both from membership of a particular group sharing certain characteristics (for example, children) or as a result of particular circumstances (for example, a recent bereavement or financial problem). Vulnerability can change over time, both for individuals and through definition.
The Codes are designed to protect vulnerable people and generally fall into two categories: content rules designed to minimise the potential for ads to cause harm to those with vulnerabilities; and scheduling (in the case of broadcast) and targeting (in the case of non-broadcast) restrictions which seek to ensure that vulnerable groups are not disproportionately represented in the likely audience for certain ads. The ASA also seeks to protect vulnerable consumers through projects like the Scam Ad Alert system, launched in 2020.
It’s important to remember that the CAP Code is also designed to reflect law, which itself provides protections for those with vulnerabilities, and seeks to protect those people. This includes the Equality Act 2010 and the Digital Markets, Competition and Consumers Act (DMCCA).
All marketing communications must be prepared with a sense of responsibility to consumers and to society but further protection for vulnerable consumers includes, but is not limited to, the following sectors:
Harm and offence
The rules in Section 4 specifically highlight a number of vulnerable groups, or groups that may contain vulnerable members, such as children (rules 4.5 and 4.8) and those with photosensitive epilepsy (rule 4.7). Rule 4.1 also highlights a number of protected characteristics (such as age, disability, race etc.) and advises marketers to take care when creating ads.
Read more in our Harm and Offence: General guidance, which contains links to more specific offence guidance articles.
Children
The Code contains multiple provisions for children, including prohibiting the targeting of alcohol, gambling, e-cigarette and some food ads to those under 16/18 and some provisions for promotional marketing.
See more in the following guidance:
Children: Promotional Marketing
Promotional marketing
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).
As well as protections for children, Section 8 prohibits the encouragement of excessive consumption or irresponsible use within promotions (rule 8.5) and asked advertisers to ensure that unsuitable or irresponsible material does not reach recipients (rule 8.6).
Alcohol marketers should also bear in mind that there are restrictions on promotional marketing in Scotland and Wales (see Alcohol below).
See also :
Children: Promotional Marketing
Alcohol: Promotional Marketing.
Promotional Marketing: General
Healthcare
A large proportion of the rules of Section 12 is based in legislation.
The health sector in particular may contain pockets of vulnerable consumers, whether that be by illness, condition, circumstance, other reasons, or because of the product or service being advertised.
Rule 12.2 prohibits markers from discouraging essential treatment for which medical supervision should be sought – you can read the list of conditions caught by this rule here.
Marketers are reminded that claims to treat cancer or offer advice for the condition are prohibited by the Cancer Act (1939).
Health and cosmetic ads must also take care not to take advantage of or exploit a consumer’s insecurities. For instance, health ads that target new mothers with “mommy makeovers”, ads promoting breast augmentation aimed at young people, or ads for products aimed at those going through menopause may be likely to be seen as targeting vulnerable groups.
See also:
Cosmetic Interventions: Social Responsibility
Healthcare: Prescription-Only Medicines
Mental health
All objective claims about the treatment of mental health must be substantiated; any claim that a particular therapy or product can treat or cure a medical condition or symptom is unlikely to be acceptable unless the advertiser holds robust evidence to support the efficacy claim (rule 12.1). That said, treatment for some mental health conditions, including addiction, OCD, schizophrenia and depression, should only be advertised if the treatment/advice/diagnosis is carried out under the supervision of a suitably qualified medical professional – see Mental Health: Treatment Claims for more.
In terms of addiction, ads for alcohol or gambling cannot show irresponsible use of the products and behaviours that might enable or trigger addiction, with specific examples including:
- Alcohol and gambling should not be shown to take priority in life or provide an ‘escape’
- Neither should be seen to enhance physical qualities, confidence, or sexual success
- Alcohol cannot be implied to have therapeutic qualities, or portrayed as capable of changing mood, physical condition or behaviour or as a source of nourishment
See Mental Health: Addiction for more on this.
Furthermore, the depiction of mental health in ads should be presented with care. See Mental Health: Depicting Mental Health Conditions.
Weight control
Marketers should not exploit the vulnerable (which may include both underweight and overweight individuals, and anything in between), suggest that it is desirable to be underweight or target those for whom weight reduction is likely to result in a potentially harmful body weight (a BMI of less than 18.5 kg/m2) or those under 18. Furthermore, a treatment for obesity must not be advertised to the public unless it is to be used under suitably qualified supervision.
Marketers should also not state or imply that dieters cannot fail to lose weight (rule 13.8). As always, any objective claims for a weight reduction regime must be backed by robust evidence (rule 13.1).
Marketers of weight control prescription-only medicines are prohibited from advertising to the public under rule 12.12.
See also:
Weight Control: Prescription-Only Medicines
Financial products
Rule 14.1 within Section 14 states that offers of financial products must be set out in a way that allows them to be understood easily by the audience being addressed, and that marketers must ensure that they do not take advantage of consumers' inexperience or credulity. This includes products such as Buy Now, Pay Later products and short term or pay day loans.
Marketers should be particularly careful to ensure that marketing for high interest, short terms loans is socially responsible, especially as they are often aimed at potentially vulnerable consumers. When assessing ads, the ASA is likely to consider issues such as the undue emphasis on speed and ease of access, the targeting of vulnerable groups and whether the ad could be seen to trivialise taking out a loan.
Marketers for debt management and IVA services should not exaggerate the simplicity of the process nor the amount of debt that can be cleared, clearly state any risks and fees, and should not imply endorsement or association with other bodies if there is none.
See also:
Guidance on Advertising Delayed Payment Services (Buy Now Pay Later)
Financial Products and Services: Short Term and Pay Day Loans
Financial Products: Cryptoassets and Cryptocurrency
Financial Products: Consumer Credit
Debt Management and IVA Arrangements
Food
Ads for food or soft drink products that are high in fat, salt or sugar (HFSS) must not be directed at individuals under 16 through the selection of media or the context in which they appear (Rule 15.18). This means that ads that directly promote (or have the effect of promoting) HFSS products must not appear in ‘children’s media’ (i.e. media where under-16s are the main target audience), or other media where under-16s make up more than 25% of the audience.
Furthermore, marketers advertising Less Healthy Foods (LHF) must not place paid-for advertisements for identifiable less healthy products being placed on the internet at any time (rule 15.19), nor can television programme services include advertisements for an identifiable less healthy food or drink product between 5.30am and 9.00pm (rule 32.21).
Ads should not condone or encourage attitudes associated with poor diets or unhealthy lifestyles (Rule 15.11); for example, skipping meals, a dislike of green vegetables, hiding consumption from parental figures, or suggesting that an inactive or sedentary lifestyle is preferable to physical activity. CAP Guidance on rule 15.11 does not preclude ads that appeal to children from depicting food products being consumed responsibly, provided consumption is not excessive. Rule 15.4 also prohibits ads from condoning or encouraging excessive consumption of a food generally (i.e. not just children).
When ads directly target pre-school or primary school children (under-12s) through their content the use of licenced characters and celebrities popular with children is prohibited (rule 15.15). See Children: Food for more.
In terms of infant formula, rule 15.10 prohibits ads for infant formula unless in a scientific publication or for the purposes of trade. Ads should also not confuse between infant formula and follow-on formula.
Gambling
Section 16 combines general provisions, such as prohibiting marketing communications that portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm, with specific rules targeting irresponsible appeals, such as playing on peoples’ financial concerns, or specific risk factors in problem gambling, such as solitary play.
In 2021, CAP produced this guidance which gives advice on responsibility and problem gambling. As the guidance explains, although the Gambling Act 2005 includes protection of children and “other vulnerable persons” among its licensing objectives, the latter term is not defined. The ASA therefore assesses marketing communications on a case-by-case basis to determine whether the vulnerabilities of groups within the audience are relevant to a decision over whether the communication has breached the Code. It also references themes such as impulsiveness, trivialization and perceptions of risk and control, and we would recommend all gambling operators read this guidance before creating their campaigns.
Ads should also not be directed at, or appeal strongly to, under 18s.
See also:
Gambling, Betting and Gaming: General
Betting and Gaming: Personal and Financial Problems
Alcohol
As per Section 18, alcohol ads must not encourage people to adopt drinking styles that would be unwise (for example, excessive drinking), and must not imply that alcohol is a priority, can change mood or overcome problems, amongst other things.
Ads should also not be directed at under 18s, nor appeal particularly to them.
CAP also understands that there is legislation in both Scotland and Northern Ireland which might affect promotional marketing on alcohol in these regions – see Alcohol: Promotional Marketing for more.
There are also rules for alcohol alternatives featured in the latter part of Section 18. See Advertising Guidance: Alcohol Alternatives.
See also:
Alcohol: General - which contains links to all alcohol guidance
Alcohol: Targeting and Appeal to Under 18s
Alcohol: Unwise or Excessive Consumption
Guidance on alcohol pricing and promotion in Scotland and Wales
E-Cigarettes
Under rule 22.12, nicotine-containing products and their components are prohibited from being advertised in certain media, unless they are licensed as medicines. The rule prevents both the ‘direct’ and ‘indirect’ effect of promoting unlicensed nicotine-containing e-cigarettes from appearing in certain media.
Furthermore, ads must be socially responsible (rule 22.1) and should not encourage non-smokers or non-nicotine users to use e-cigarettes (rule 22.8). In terms of targeting, ads must not be directed at under 18s through the selection of media or the context in which they appear and no medium should be used if more than 25% of its audience is under 18 (rule 22.11). Additionally, they should not feature anyone who is, nor appears to be, under 25, and must not appeal particularly to under 18’s.
See also:
Electronic Cigarettes: Overview
Electronic Cigarettes: General
Electronic Cigarettes: Media Prohibition
Electronic Cigarettes: Cross Promotion and Indirect Effect
Electronic Cigarettes: Children and Young People
Tobacco
The Tobacco Advertising and Promotion Act 2002 prohibits press, poster and most advertising on the internet for tobacco products, outlaws the free distribution of tobacco products and coupons and bans tobacco retailer ads targeted at the public. See Tobacco Marketing: General.
See also our Protecting Vulnerable People procedure and our Social Responsibility guidance.