Brand owners which repeatedly break advertising rules will now face the threat of legal action in Crown Court – rubbing shoulders with murderers, robbers and violent offenders – following a new agreement between the ad watchdog and Trading Standards.
The new measures will cover all non-broadcast advertising, including direct marketing, outdoor, online and print, and could trigger fines of hundreds of thousands of pounds. Only TV and radio ads – which continue to be regulated by Ofcom – are exempt.
The Advertising Standards Authority will retain responsibility for regulating advertising but any advertiser that persists in breaking the rules through “misleading, aggressive or otherwise unfair non-broadcast advertising” can face referral. Trading Standards can consider taking action against advertisers under consumer and business protection laws.
The biggest Trading Standards fine to date is the £1.25m penalty slapped against Scottish & Southern Electric (SSE) last year for door-step selling.
ASA chief executive Guy Parker said: “We already enjoy a close and effective working relationship with Trading Standards. This new arrangement will help us become more joined-up and consistent as well as giving consumers and business confidence that an advertiser who doesn’t play by the rules will face the consequences.”
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