Advertising and Marketing | UK Regulatory Outlook June 2026

UK updates 

ASA updates its complaint handling procedures  

The Advertising Standards Authority (ASA) has published updates to its complaint-handling procedures, which took effect on 29 May 2026. The ASA highlights the following changes: 

• Clarification of the circumstances in which the ASA will require a complainant with a clear interest in the outcome of a case, or a relevant public profile, to have their identity or expertise disclosed to the other parties and named in any ruling. 
• Clarification that the ASA reserves the right to decline new evidence submitted late in the formal investigation process, unless the need to provide such evidence was not reasonably foreseeable.  
• Explanation of when the ASA might provide an advertiser with a provisional view, in its initial correspondence, on whether the complaint is likely to be upheld and why, based on the information in its possession at that initial stage of the process.  
• Alteration of the deadline for receipt of requests for a suspension of a ruling from publication pending independent review. 
• A new provision to enable the independent reviewer to decline an independent review that has met the threshold for review if, in their assessment, the outcome would not be substantially different for the applicant. 
• Introduction of a glossary of terms. 

CAP issues enforcement notice on gambling ads with strong appeal to under-18s  

Despite the Committee of Advertising Practice (CAP) having updated its guidance on "Gambling and lotteries advertising: protecting under-18s", clarifying how the "strong appeal" test should be applied, and the ASA's rulings outlining its approach to assessing such likely appeal, CAP and the ASA are still occasionally identifying gambling ads that include sports stars, club logos, stadiums or branding likely to make them of strong appeal to under-18s. 

In light of this, CAP has published an enforcement notice applicable to gambling ads within the remit of the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code). The notice calls on advertisers to ensure that their ads comply with the CAP Code, namely that: (i) any live ads likely to be of strong appeal to under-18s be amended or withdrawn immediately; and (ii) advertisers avoid publishing future ads that are likely to be of strong appeal to under-18s. It also provides examples of visual elements likely to be of strong appeal to under-18s, drawn from the ASA's rulings.  

CAP and the ASA stated their intention to begin actively monitoring and enforcing compliance from 11 June 2026. 

CAP consults on changes to rules on premium-rate telephone service advertising 

CAP and the Broadcast Committee of Advertising Practice (BCAP) have launched a consultation on changes to the way the Advertising Codes regulate ads relating to premium-rate telephone services (PRS). 

Under the Communications Act 2003, Ofcom is responsible for regulating a subset of PRS known as "controlled PRS". For many years, it contracted out this responsibility to bodies including the Phone-paid Services Authority (PSA), which set and enforced standards through a code of practice. In February 2025, Ofcom assumed direct responsibility for regulating PRS under the Regulation of Premium Rate Services Order 2024, replacing the PSA code and disbanding the PSA. The CAP and BCAP Codes currently refer to the PSA Code. 

Following the introduction of the new PRS framework, CAP and BCAP identified a misalignment between the dedicated rules in section 22 of the BCAP Code and the 2024 Order. After liaising with Ofcom, they concluded that a consultation was necessary to update the codes' treatment of PRS advertising. Given the low volume of PRS-specific complaints and a general improvement in regulatory compliance, CAP and BCAP consider that there is a strong case for simplifying the codes' approach to PRS advertising. The proposals include removing PRS-specific rules from the BCAP Code, aligning its approach more closely with that of the CAP Code, and updating references throughout both codes to reflect the current regulatory arrangements. 

The ASA will continue to assess PRS-related complaints with a view to referring potential compliance issues to Ofcom under the 2024 Order. To guard against regulatory gaps, the ASA may also apply general provisions of the Advertising Codes – such as rules on misleading claims, harm or offence, and sector-specific requirements covering advertising for services like gambling and lotteries – to aspects of an ad falling outside the scope of the 2024 Order. 

The consultation closes on 22 July 2026. 

CAP note on ASA assessment of ads forming part of a wider marketing campaign 

CAP has published a note on how the ASA assesses complaints relating to ads that form part of a marketing campaign. The ASA assesses each ad in isolation. CAP explains that to do otherwise would mean relying on consumers to have seen the messaging across an entire campaign, whether by chance or through their own initiative, which is not always the case. The ASA has previously ruled against an ad which, when assessed in isolation, was likely to cause serious offence, notwithstanding the advertiser's assertion that the wider campaign was intended to convey a different message.  

Marketers should also ensure that their advertising is not misleading and contains all the key information a consumer needs in order to decide whether to respond to any call to action. A response in this context could include deciding to purchase the product, entering a competition, participating in a promotion or clicking through for more information. 

CAP states that whether an ad is standalone or part of a wider campaign, the onus is not on the consumer to seek out additional information in order to understand each individual ad. This needs to be taken into account by marketing teams if they are designing campaigns made up of multiple messages and ads within a common theme or framework. 

CAP publishes guidance note on the use of AI-generated content in advertising 

CAP has published a guidance note reminding advertisers of key considerations when using AI-generated content in ads. CAP reiterates that the CAP Code is media-neutral and therefore applies regardless of how content is created. It also notes that AI-generated ads must not mislead consumers – for example, an AI‑generated celebrity "endorsement" that appears sufficiently realistic to mislead consumers may breach the CAP Code. CAP further highlights that there are associated personality and intellectual property rights when using a public figure's likeness without permission. Finally, CAP reminds advertisers that they remain ultimately responsible for any AI-generated content used in their ads. (See also Health and safety section.) 

CAP publishes article on advertising accessibility and material information  

CAP and BCAP have engaged with stakeholders to understand how advertising accessibility is evolving. In its article on accessibility provisions in advertising, such as audio description, closed captions and sign language, CAP notes that some stakeholders expressed the view that accessibility in advertising should be made compulsory. However, the ASA is not in a position to impose such a requirement on advertisers. CAP observes that there is currently no legislation requiring ads to be accessible and says that, if such a requirement was introduced, it should come through legislation. The ASA is ready to support greater accessibility if Parliament decides to explore such measures. In the meantime, the ASA encourages advertisers to consider accessibility from the outset of the creative process. 

In relation to material information, CAP further notes that where information is material to a consumer's decision about whether to respond to an ad, that information should also be communicated through any accessibility features used in the ad. This ensures that consumers relying on those features have access to the same material information as everyone else. 

EU updates 

European Commission calls for evidence on revised EU tobacco rules 

See products section.