Revised CAP and BCAP Codes published

On 16 March 2010 BCAP and CAP published their revised Codes that regulate non-broadcast and broadcast advertisements. The revised Codes come into force on 1 September 2010, to allow advertisers some time to review and absorb the changes. In their joint press release, CAP and BCAP hailed the revised codes as "self-regulation at its best."

In general, the revised Codes broadly the same as the Codes which they will replace. However, there are some key changes, in particular, enhanced protection for children and consumers, increased focus on social and environmental responsibility and some changes which will impact on specific industries.

Please click here for the BCAP Codes and the CAP Codes in full.

To view the article in full, please see below:

Full Article

On 16 March 2010 BCAP and CAP published their revised Codes that regulate non-broadcast and broadcast advertisements. The revised Codes come into force on 1 September 2010, to allow advertisers some time to review and absorb the changes. In their joint press release, CAP and BCAP hailed the revised codes as "self-regulation at its best."

Purpose of revising the Codes

The review was launched to ensure that the Codes remain up to date, reflecting recent legislative changes, including, for example, the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the EC Regulation on Nutrition and Health claims made on foods.

During the review, a comprehensive survey was undertaken by the Advertising Standards Authority (ASA) indicating that the existing Codes were working well on the whole and did not require fundamental changes. To this end much of the Codes remain the same. The more significant changes are set out below.

Significant changes in the revised Codes

1. Format of the Codes

The four existing BCAP Broadcasting Codes relating to Television and Radio (Standards Scheduling) have been rolled into a single "Broadcast Advertising Standards Code". This should make it simpler for broadcast advertisers as they will need to be familiar with only one single code.

Further, additional guidance has been included at the start of each section of the Codes.

2. Health and Nutrition

Nutrition and health claims made on foods now have to comply with the European Regulation on Health and Nutritional Claims. The Codes have been updated to reflect these provisions. Under rule 11.20, the new Codes also contain rules to regulate advertising of Herbal Medicines to reflect their new regulatory status...