Advertising and Marketing | UK Regulatory Outlook October 2026

CAP warns on ads targeting new and expectant parents as ASA flags baby product claims

The Committee of Advertising Practice (CAP) has published an advice note for marketers advertising to new and expectant parents. CAP says that this audience may be particularly vulnerable to claims about health, wellbeing, body image and baby safety.

The note highlights areas of caution, advising that ads should not exploit insecurities about post-partum appearance or weight; link a new mother's emotional wellbeing with changing her body; or make misleading claims about a product's ability to reassure parents about a baby's health.

It also advises that ads should not encourage parents to rely on a product instead of seeking appropriate medical advice; promote a product as safe where its use could conflict with recognised safety guidance; or make health or medicinal claims without the required evidence or authorisation.

The Advertising Standards Authority (ASA) has also published a warning aimed at parents and carers about online ads promoting baby products that claim to help with colic, reflux, sleep and soothing. Following a monitoring exercise of the health sector using its AI-powered Active Ad Monitoring system, the ASA identified 350 online ads for baby products and services.

Based on a sample review of these, 59% of ads reviewed were considered high risk. Key concerns included claims that lying flat is problematic, with products promoted as solutions by positioning or elevating the baby; claims that sleep or elevation devices can reduce or stop reflux, ease distress, improve sleep or prevent colic; and images of babies strapped into potentially unsafe sleep devices. It also raised concerns over claims relating to sudden infant death syndrome and flat head syndrome, including that products could reduce associated risks.

The ASA is liaising with regulatory partners, acknowledging that some concerns extend beyond advertising to wider product safety issues.

CAP enforcement reports target misleading health claims for supplements and prostate tests

CAP has published two enforcement reports examining misleading health-related ads. The first considers the impact of enforcement against food supplement ads claiming to prevent, treat or cure traits of attention deficit hyperactivity disorder (ADHD) and autism spectrum disorder (ASD); the second addresses the irresponsible advertising of prostate-specific antigen (PSA) home testing kits and prostate supplements.

Following the ASA's publication of a series of rulings on both issues, CAP conducted follow-up monitoring exercises and identified further non-compliant ads.

The main issues identified were claims that supplements could treat, prevent or cure traits of ADHD or ASD, along with health claims that breached the advertising code such as claims that a supplement can enhance mental clarity, energy, focus, cognitive performance, memory and mood, It also found non-compliant prostate supplement ads claiming to prevent, treat or cure prostate-related health issues; and PSA home testing kit ads that misleadingly implied that the tests could diagnose cancer and failed to make the limitations of the tests clear. CAP intends to continue monitoring these sectors.

CAP sets out guidance for advertisers of health-monitoring apps

CAP has published guidance for advertisers of apps that incorporate health-monitoring functionality.

CAP refers to the Medicines and Healthcare products Regulatory Agency's guidance which distinguishes between software that merely records health information and software that measures, analyses or interprets physiological data. Software functioning as a digital notebook is unlikely to fall within the scope of medical device regulation; however, more advanced capabilities may bring it within the UK medical devices framework. As health apps become increasingly sophisticated, advertisers should be mindful of the potential need to comply with the relevant medical device regulatory framework.

CAP also cautions against overstating the capabilities of a particular technology. The concern is not only what apps actually do but also to how consumers are likely to perceive their functionality. Claims, demonstrations and visual cues need to accurately represent an app's capabilities and be substantiated by appropriate evidence.

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