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Marketing Matters | Review of November 2024

ASA rulings – key takeaways for your A&M departments

In November, the ASA handed down 23 rulings, we have highlighted some of the key rulings we think you and your A&M departments should be aware of.

Unsubstantiated claims about features

The ASA upheld a ruling against a smartwatch company, for a failure to substantiate claims about their product's features and popularity. The voice-over on a pre-roll ad on YouTube stated that the smartwatch was "going to be banned from the public" for its use "of some of the most advance military technology in the world". The ad also claimed that the watch was made out of "the strongest military materials making it indestructible" and battery life could last two weeks without the need to recharge.

The ASA challenged the claims of the product's military background, its robustness, and the advance nature of the technology it used. It noted that viewers of the ad were likely to expect the various claims to have a factual basis and be substantiated by evidence.

The company in question failed to respond promptly to the ASA's enquiries, itself noted as an apparent disregard and breach of the Code. Consequently, it was held that the ad was misleading and a breach of the Code as the company failed to establish grounds for their claims.

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