Black Friday has become one of the busiest periods in the retail calendar, with advertisers competing for consumers' attention through discounts, promotions and time-limited offers.
While these opportunities are significant, so too are the risks. With that in mind, advertisers should ensure that they are adequately prepared for their promotional marketing activity.
Show me the savings
Big savings claims can attract big scrutiny. As Black Friday approaches, advertisers should ensure that any savings claims are substantiated with clear, reliable evidence and that this evidence is retained in case the claim is challenged.
Claims such as "50% off", "Save £100" or "huge Black Friday savings" must be genuine, accurately reflect the available discount and must not exaggerate the savings consumers can expect to receive.
Particular caution is required where absolute and maximum discount claims are used together. Consumers are likely to interpret a claim such as "Up to 60% Off Everything" to mean that all products within the promotion are discounted, with a significant proportion receiving the maximum 60% reduction.
Advertisers should keep robust evidence to support any comparison, including historical pricing data and sales records. Where comparisons are made against an RRP, marketers should be able to show that it reflects the product's prevailing selling price across the market. Evidence based solely on a manufacturer's website, or a manufacturer's website and a single retailer, is unlikely to be enough where the product is sold more widely.
Before launching a Black Friday campaign, advertisers should review their promotional stock to ensure that headline discount claims fairly represent the discounts consumers are likely to find.
While stocks last
Black Friday promotions often generate exceptionally high levels of demand. Advertisers should therefore make a reasonable estimate of demand and be able to demonstrate how that estimate was reached.
Where promotional stock is limited, any significant restrictions should be made clear in the ad. Simply stating that products are "subject to availability" may not be sufficient in all circumstances.
If consumers are required to make a purchase to qualify for a promotional item, or if stock is likely to run out quickly, marketers should ensure that the ad clearly communicates any relevant limitations.
Having appropriate stock forecasting and clear consumer messaging can help reduce the risk of complaints.
The small print matters
Significant conditions are those which could affect whether someone chooses to participate in a promotional offer or not. These will vary but normally include a clear explanation of how to participate, closing dates, the nature and number of prizes or gifts, any restrictions and availability.
All significant terms and conditions should be made clear in the initial marketing communication where omitting them would be likely to mislead consumers. For example, if an ad appears before a promotion starts both the start and end date are likely to be considered significant conditions that should be made clear up front.
Slash prices, not standards – advertising responsibly
Black Friday advertising should be prepared with a sense of responsibility to consumers and society.
In 2024, the ASA upheld complaints against a number of advertisements for credit products that encouraged consumers to spend beyond their means during the Black Friday period.
One ad suggested that Black Friday spending was a normal, routine activity by replacing references to Black Friday with the claim "It's just Friday". The ASA considered that the ad encouraged consumers to use a credit card for non-essential spending and was irresponsible.
In another case, advertising for a loan product emphasised the speed and ease of obtaining funds for purchases. The ASA concluded that the ad trivialised borrowing, made light of the consequences of debt and encouraged consumers to spend more than they could afford during the sales period.
Advertisers promoting credit, loans or buy-now-pay-later products should take particular care not to encourage irresponsible spending or present borrowing as a simple solution to funding discretionary purchases.
Beauty bargains or pressure selling?
Black Friday discounts on cosmetic interventions have become increasingly popular in recent years.
Whilst it is not necessarily irresponsible to offer promotions for cosmetic or surgical procedures, advertisers should take particular care due to the risks involved. Such promotions should be presented responsibly rather than framed as impulse purchases that rush consumers into making a decision.
The ASA ruled that phrases such as “Black Friday deals so good, they won’t last long!", “BLACK FRIDAY NON SURGICAL BBL OFFERS. Sign up to get the discounted offer” and “BLACK FRIDAY Save up to 70%! Valid until 30th November. YOU DON’T WANT TO MISS THESE DEALS” created an undue sense of urgency by encouraging consumers to act quickly for fear of missing out on the advertised discounts.
By ensuring that savings claims are genuine, significant conditions are clear and promotions are prepared responsibly, advertisers can make the most of Black Friday without falling foul of the CAP Code.
Need help with your Black Friday promotional marketing? The CAP Copy Advice team are always on hand to provide bespoke advice on your campaigns.
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