The following TMT guidance note provides comprehensive and up to date legal information covering:
This Practice Note summarises key issues that arise when advertising to children. It covers:
CAP and BCAP Codes
Food and drink
Online behavioural advertising
The key legislation that governs advertising practices is the Consumer Protection from Unfair Trading Regulations 2008 (CPUTs) which implement the Unfair Commercial Practices Directive 2005/29/EC (UCPD).
The UK government has published guidance on the CPUTs.
The CPUTs deal with issues such as price advertising, false or misleading advertising and comparative advertising. They apply regardless of whether activities are targeted at children or not. Unfair commercial practices are prohibited and may also be a criminal offence. Regulation 2(5) also provides protection for vulnerable consumers, which includes children.
A European Commission study has explained why children need extra protection in an advertising context:
children have clear difficulties in recognising online advertising and consciously defending themselves against commercial persuasion. They are affected in their choices and behaviour by such practices
the effects of embedded advertisements in games on actual behaviour can be clearly documented. A behavioural experiment investigating the effect of embedded advertisements in games (in this case an advergame) found that playing a game promoting energy-dense food induced higher energy-dense snack intake among children compared to children playing an advergame promoting a non-food product
a behavioural experiment investigating the effect of prompts
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234