• 07/05/2009
Film Ads can now carry a "certificate to be confirmed" tag, where appropriate. More info
• 07/05/2009
The Healthcare Commission has been replaced by the Care Quality Commission. More info
• 07/05/2009
Unenforceable Credit Services must be advertised with a specific caveat. More info
• 07/05/2009
Pay To Enter Competitions reliant on both skill and chance may be permitted to advertise. More info
• 14/05/2009
£1 Million competition launched by the Radio Advertising Awards for creative excellence. More info
• 14/09/2009
Scrappage Scheme Scrappage ads now just require a "see/ask if you qualify for the scheme" tag or similar.
• 05/07/2010
Update 41 is now online, and can be viewed here.



 




Harm

Advertisements must not harm listeners nor exploit, either personally or financially their vulnerability.


Advertisements must not encourage or condone behaviour which is prejudicial to health and safety.


Holiday Offers

All advertisers of package holidays must comply with the Package Travel Regulations.

The word 'package' can only be used if the holiday comprises at least transport and accommodation, is sold at an inclusive price and includes overnight accommodation for more than twenty-four hours.

If the price of a holiday/flight/package is dependent on compulsory insurance or any similar charges, this must be qualified specifically in the copy.

If the price of a holiday/flight/package is dependent on advance booking or payment, a minimum number of people travelling or can only take place on certain days/between specified dates, tags such as 'for details/conditions, call X', 'selected flights only', 'limited seats available', 'weekend flights only' etc. are needed.

If prices quoted are 'inclusive' ones that are likely to fluctuate or incur surcharges, this must be qualified in the copy.

Advertisements, which include flight prices, must quote the all-inclusive price, i.e. the total payable by consumers when they buy their ticket (which includes Airport Passenger Duty and any other mandatory taxes - e.g. '£109 to Paris'). Alternatively, advertisements may include the fare-only price, provided that this is followed immediately by the all-inclusive price (e.g. '£99 to Paris plus £10 airport tax'). Where there are additional mandatory taxes that are levied abroad but not paid at the time of buying a ticket, the advertisement must include the tag 'plus foreign taxes'.

Where an advertisement states a destination or departure airport, it should be made clear if it is not the official primary airport.

Any organisations that hold an ATOL Licence must state "Atol protected".


Homeopathic Medicines

These may be advertised, subject to the following conditions:

  • products must hold a certificate of registration under the Medicines (Homeopathic Medicinal Products for Human Use) Regulations 1994;
  • advertisements are only acceptable for products that have been registered in the UK;
  • product information must only comprise what appears on the label;
  • advertisements must not include medicinal or therapeutic claims;
  • advertisements must not refer to a particular ailment;
  • copy must include the tag 'always read the label' or 'always read the leaflet'.


Hospitals and Clinics

NHS clinics, hospitals, health centres, trusts etc. may advertise various operations and treatments, subject to RACC clearance and professional medical advice from its consultant(s).

Private institutions need to supply the RACC with written details of the operations and treatments carried out, details of the medical qualifications of the clinicians and, where medical procedures are carried out on the premises, proof of registration with their Local Authority. All healthcare providers required under legislation to be resgistered with the Healthcare Commission (www.healthcarecommission.org.uk) may be asked to provide the RACC with evidence of their registration. Social care organisations may be asked to supply RACC with evidence of their registration with the Commission for Social Care Inspection (www.csci.org.uk).

Registration with the Healthcare Commission is required by law for healthcare providers intending to operate the following establishments:

  • Private acute and mental health hospitals as defined under Section 2(3)(a) and (b) of the Care Standards Act 2000
  • Independent clinics where services are provided by medical practitioners as defined under section 2(4) of the Care Standards Act 2000

If any of the following listed services are provided by an establishment, it is a requirement for them to register with the Healthcare Commission:

  • medical treatment under anaesthesia or sedation
  • dental treatment under general anaesthesia
  • obstetric service and in connection with childbirth, medical services
  • termination of pregnancies
  • cosmetic surgery
  • treatment using prescribed techniques and technologies e.g. laser and intense pulsed light therapy, hyperbaric oxygen chambers, private dialysis, IVF and endoscopy.

Evidence for claims about operations and treatments should generally be in the form of published clinical trials from reputable medical journals.

As a guideline, the following operations and treatments have been allowed on air previously by the RACC (following qualified medical advice and subject to certain restrictions on the claims made):

  • tattoo removal by laser;
  • skin resurfacing by laser;
  • hair removal by laser;
  • sight correction by laser;
  • breast augmentation;
  • impotence treatment;
  • rhinoplasty;
  • hair transplantation;
  • liposuction;
  • bone densitometry.

Hypnosis, Hypnotherapy and Hypnotism - RACC clearance is required.

Advertisers will only be acceptable if they can provide the following bona fides:

a) written evidence of professional expertise / qualifications;

b) written proof of registration with the Local Health Authority where relevant;

c) written evidence that the advertiser complies with the rules of its relevant professional body.

d) accreditation to a professional body that offers all of the following: systems for dealing with complaints and for taking disciplinary action, registration based on minimum standards for training and qualifications, systems in place for regular review of members' skill and competences;

e) proof of professional indemnity insurance.

Claims for hypnotherapy or hypnosis as a treatment for particular ailments must be supported with satisfactory evidence, must be carefully worded (e.g. '… helps to …') and will be referred to RACC consultants.

The advertising of hypnotism purely for public entertainment purposes is acceptable, subject to all relevant legal requirements, including proof of a licence from the relevant Local Authority for the venue where the hypnosis is to be carried out.