The ASA is committed to protecting vulnerable audiences. The ASA’s strategy, AI-Assisted Collective Ad Regulation, sets a clear ambition to increase efforts to protect vulnerable people
Vulnerability can arise for many different reasons and in different circumstances. Being part of a vulnerable group doesn’t mean that everyone in that group is vulnerable. But vulnerable people might be more likely than others to be misled or harmed by specific claims because of their circumstances.
Pregnancy and early parenthood can bring particular concerns about health, wellbeing, body-image and the health and safety of a baby. This means that new and expectant parents may be particularly vulnerable to claims about products or services that seek to address those concerns.
The ASA has ruled against ads aimed at new and expectant parents. In particular, marketers should take care to ensure that ads do not:
- Exploit insecurities about post-partum appearance or weight;
- link a new mother's emotional wellbeing with changing her body;
- making misleading claims about a product’s ability to provide reassurance about a baby's health;
- encourage parents to rely on a product instead of seeking appropriate medical advice;
- promote a product as safe where its use could conflict with recognised safety guidance; or
- make health or medicinal claims without the required evidence or authorisation.
Post-partum body image
Advertisers should take care not to exploit new mothers’ heightened insecurities by suggesting they might be happier or more confident if they look a particular way. Referring to cosmetic interventions, like a tummy tuck and breast lift, as a “MOMMY MAKEOVER,” or claims like “time to refresh yourself” in the context of an ad targeting new mothers, will be problematic.
Weight-loss advertising also needs particular care. Ads should not suggest that new mothers should prioritise weight loss after giving birth. In one ruling, the ASA considered that the ad, which included the claim: “I probably needed a hug, but I decided to start a medicated weight loss [sic] journey with Juniper instead.” was problematic because it suggested that emotional well-being could be achieved by losing weight.
Pregnancy and claims of reassurance
Marketers of antenatal product or services, such as ultrasound scans or in-home foetal dopplers, must be particularly careful to ensure that their ads do not misleadingly misrepresent that products or service’s ability to provide reassurance, or to determine the health of unborn babies.
Ads for devices to check an unborn baby’s heartbeat might also risk breaching CAP Code rule 12.2, which prohibits advertising that discourages essential treatment for conditions for which medical supervision should be sought.
Baby sleep and safety
Sleep-related claims can be particularly compelling to new parents, and there are a range of products and services, including sleep advice services, that claim to help babies fall asleep more quickly, sleep for longer or sleep more peacefully.
As with any objective claim, advertisers need to hold adequate evidence for claims about the effects their products or services can have on baby sleep.
But there is another important consideration: advertising should not encourage unsafe sleep practices.
Describing a product or piece of sleep advice as “safe” was found to be problematic where its use conflicted with recognised safe-sleep guidance.
Similarly, claims that a product is “[certified safe]” or “tested to relevant British Safety Standards” need to be supported by evidence of the relevant certification or testing. In the absence of that evidence, such claims are likely to be problematic.
Health and medicinal claims
Worries about a baby’s health or if it is hungry can mean even greater vulnerability and marketers should make sure they understand which rules apply to health related claims.
The ASA has considered advertising for chiropractic treatment that claimed to treat conditions specific to babies, including colic. ASA guidance on chiropractic explains that claims of this nature are currently not acceptable because there is insufficient evidence to substantiate them.
Any objective claims about a product’s efficacy must be supported by evidence. The ASA has upheld against claims that a product can “prevent colic” and reduce symptoms such as gas, stress, and poor sleep on the grounds that the evidence provided, including a small trial involving 51 parents, was insufficient to support the claims.
The ASA also rules against claims that a food supplement can encourage or increase breast milk supply, Such claims are health claims, and should not be made unless they are authorised on the GB Register of Nutrition and Health Claims made on Foods.
But don’t lose more sleep about claims to vulnerable new parents. Read our new online advice on advertising and vulnerable people and ask the Copy Advice team for help to soothe any worries.
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