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CAP Policy Updates

Tuesday May 10, 2016 at 5:11pm

CAP Policy Update May 2016  

Advertising food to children  

The Executive began pre-consultation work in November, engaging with a range of stakeholders in England and the devolved nations.  It has now finished this pre-consultation work and is preparing to publish the full CAP consultation on whether to introduce further restrictions on HFSS advertising to children in May.   

Sales promotions  

CAP has recently taken the decision to change references to “sales promotions” to “promotional marketing” in the CAP Code, to reflect practitioners’ current understanding of the range of activity involved in running promotions.  This has resulted in a change to the name of the CAP Code as well as section 8 itself and a number of other references in the CAP Code as well as guidance.  The BCAP Code contains one reference to “sales promotions” in rule 19.11.  This will be amended to refer simply to ‘promotions’, to remain consistent with the CAP rules. These changes represent a change in terminology and shouldn't affect the interpretation of the rules.    

Gambling review

Gambling risk factors   Following the publication of the Gambling Review in 2015, CAP & BCAP had issued a call for evidence to a variety of stakeholders in the industry, asking for evidence of treatments in gambling ads that might be likely to increase the risk of harmful gambling behaviour. The aim of this project had been to enhance the existing guidance on the gambling rules. The responses to this call for evidence had not indicated that changes to the guidance were warranted.  In March, CAP & BCAP published a regulatory statement along with an evaluation of all the responses to reflect this, noting that they remained open to receiving new evidence in the future.  

Exploring the basis of a future Code Review  

CAP and BCAP have considered whether there was a need for a full Code Review of the kind that had been undertaken between 2007 and 2009.  Given that there have been no significant changes to the ASA system since the last Code Review that brought together legacy codes from the ITC and RA, and considering that the Regulatory Policy team regularly report to the Committees on potential changes to the Codes as part of a continual process of review to respond to legislative, social and market changes, CAP and BCAP consider there is no need for a wholesale review at this time.  It is likely that the Executive will review the usability and presentation of the Codes during 2016, as part of the work being carried out by the ASA/CAP Communications team to refresh the ASA and CAP websites.   

E-cigarettes/ Tobacco Products Directive  

CAP and BCAP have been giving particular attention to the development of the Tobacco and Related Products Regulations 2016 (TRPR) which implement the European Tobacco Products Directive and will become law in the UK on 20 May 2016. TRPR contains restrictions on the ads which have the direct or indirect effect of promoting unlicensed, nicotine-containing cigarettes. CAP published an article in February setting out its best understanding of the effect of the law. It is now working closely with the Department of Health to refine that understanding and will make further announcements in due course on how it intends to reflect the legislation.  

Causes and ideas remit review  

In Autumn 2015, it was the 12 month anniversary of the decision to remove causes and ideas in non-paid-for “offline” space from the remit of the CAP Code.  When the decision was announced in 2014, CAP had committed to review its decision after that time. During that period there had been no material objections to the change either internally or externally and on that basis, CAP has decided to maintain the change.  


Questions or queries? Please contact the IPM Legal team on 020 7291 7730 or email us on Legal@theipm.org.uk


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