• 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The Healthcare Commission has been replaced by the Care Quality Commission.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.



 




Sales and Sale Prices

These are governed by the Code of Practice for Traders on Price Indications (published by the DTI) and more detailed advice can be sought from Local Trading Standards Departments.

Advertisers of sales may include claims such as '10% off', 'at half-price', 'great savings', 'sale reductions/bargains' etc. only after having confirmed in writing to the RACC that previous higher prices have applied for at least 28 consecutive days over the past 6 months in the shop/s where the sales are taking place.


Where sales are not taking place in all of the advertiser's stores, the RACC requires the tag 'higher prices have applied in x of our stores'.

Where previous higher prices have not applied for the 28-day period, the RACC requires the tag 'higher prices have applied form x (date) to y (date)'.

Advertisers of sales may include claims such as 'with up to 75% off/discount' only after having confirmed in writing to the RACC that at least 10% of the advertised stock is being sold at 75% cheaper prices.

If a price saving is quoted with a specific price, scripts must quote the previous higher price, e.g. 'now only £9.99, was £11.99'. Alternatively, the claim 'now only £9.99, save £2' is acceptable.

A claim such as 'with up to 33% off … prices now start from just £2999' is unacceptable as the previous higher price/s is not easily calculable by consumers. The script must either quote the previous higher/non-sale price or state the exact amount saved by consumers.

A price claim such as 'X is just £9.99' is not regarded as a price reduction/sales claim but 'X is now just £9.99' does imply a saving.


Sales Promotions in Medical Advertisements

Advertisements for medicinal products that require a Marketing Authorisation, e.g. licensed products such as paracetamol, should not contain references to sales promotions (including competitions, premium offers and samples).


Sanitary Protection - RACC clearance is needed.

Careful scheduling is likely for sanitary protection advertisements.

Copy must not contain references which are likely to embarrass.

Detailed descriptions of sanitary protection products must not offend or embarrass.

Any references to sexual relationships need extreme care.

Male voiceovers should not feature prominently in advertisements and female voiceovers are more appropriate generally.

Comparative advertising is acceptable but advertisements must not denigrate competitor products.

Marketing techniques such as pack offers, samples etc. are acceptable.

Ads should not contain any implications of sexual or social insecurity, and references to sexual relationships should be avoided.


Scheduling of Advertisements

The BCAP Radio Advertising Standards Code does not lay down specific 'time bars' for any advertisement and there is no 'watershed' for broadcasting sensitive categories of advertisement.

However, the RACC is likely to advise script submitters to ensure that the following sensitive categories of advertisement are scheduled away from programmes likely to be heard by a significant number of children (those aged 16 and below):

  • sanitary protection products;
  • condoms/contraception (including emergency OTC contraception) and family planning services;
    pregnancy-testing services and kits;
  • sexual products and services (e.g. adult shops);
  • solvent abuse advice;
  • anti-AIDS messages;
  • anti-drugs messages and any campaign which refers to drugs;
  • betting and gaming products and services (e.g. football pools);
  • products and services falling within the category of divination and the supernatural (e.g. mediums);
  • copy containing sexual innuendo;
  • copy containing violent images;

Note: In exceptional circumstances, some advertisements, e.g. sanitary protection and anti-AIDS information, may be targeted at those aged 12-15.

The RACC will advise script submitters to ensure that the following categories of advertisement are scheduled away from religious programmes and from programmes aimed particularly at under 18s:

  • alcohol;
  • bingo;
  • slimming aids/weight loss programmes;
  • copy which includes violent or sexually explicit material (e.g. for an 18-certificate film);
  • copy for sensational newspapers / magazines / websites.

Key points for scheduling

Remember to schedule all sensitive advertisements listed above carefully, as advised by RACC.

RAJAR figures are just as important as target audiences when considering which programmes are listened to by those aged below 16.

Consider carefully the acceptability of sensitive advertisements during school holidays and family listening times.


Separation of Advertisements from Programming

Advertisements must be clearly identified or separated from programming, i.e. in an advertisement break and must not appear to be part of a programme.

Advertisements which imitate programmes should be separated from programming by a jingle, a station ident, or by being broadcast in the middle of an advertising break.

Advertisements which are in the style of a news or traffic bulletin are acceptable, provided that they establish themselves quickly as advertisements, distinct from the station's editorial. It is advisable to ensure that brand names feature early on in the copy, rather than at the end.


Sex Discrimination

Advertisements, which indicate an intention to discriminate against either sex in the provision of products and services, are illegal.

Offers of 'half-price entry for men' or 'free drinks for ladies before 10pm' are therefore unacceptable.

For additional guidance, see 'Equal Opportunities'.


Sex Education/Teenage Pregnancy Campaigns - RACC clearance is required.

Sex education messages/campaigns seeking to reduce unwanted teenage pregnancies must only be placed by bodies approved by the relevant Local Health Authority, the Health Development Agency, the Central Office of Information or registered charities.

Careful scheduling is needed.


Sexual Innuendo

'Seaside postcard' humour in advertisements is usually acceptable. Timing restrictions may be applied to borderline treatments and, in some circumstances, script submitters may be asked to approach station management to comment on the acceptability of the script/s on their particular station.

References to sex are not precluded but explicit, graphic or crude references to sex or creative treatments which include graphic sexual sound effects (e.g. sound effects of orgasms) are not acceptable.

Careful scheduling may be advised by the RACC for copy which contains sexual innuendo.


Shooting Clubs

Shooting clubs are unacceptable advertisers.


Silence in Advertisements

The RACC advises no more than three seconds of silence in advertisements.

It should quickly become clear from the context of the scenario that the silence forms part of an advertisement and it should not sound as if the station has stopped broadcasting.


Slimming Aids/Weight Loss Programmes

RACC clearance is required for all proposed slimming aids and weight loss claims. This includes advertisements promoting slimming pills, herbal slimming products, meal replacement programmes, diet plans, weight-watching schemes, mechanical devices and beauty salon treatments.

Script submitters need to provide the RACC with detailed product information (e.g. menu plans/diet sheets or nutrition advice given), satisfactory substantiation (based on clinical trials if possible or other reputable scientific evidence) in support of all weight loss claims and evidence of professional staff qualifications, where relevant. These details need to establish that the slimming aid/weight loss programme is likely to be effective and will not lead to harm. The details will be sent to the RACC's nutritionist for an independent and professionally-qualified view.

Clinics and other establishments offering medically-supervised weight loss treatments may advertise, subject to a written assurance that their services are run in accordance with the General Medical Council guidelines on Good Medical Practice.

Such clinics and establishments are the only advertisers who can promote weight loss treatments to the clinically obese and who may use testimonials referring to clients who were obese before using the product or service advertised. Satisfactory evidence must be provided that the treatments are offered under medical supervision. In all other cases, slimming aids must not be targeted to the clinically obese.

Advertisements for energy restricted diets and Very Low Calorie Diets (VLCDs) are acceptable, subject to the requirements laid down in the BCAP Radio Advertising Standards Code.

Testimonials, where an individual claims to have lost a specific amount of weight by following an advertiser's diet programme, are acceptable, providing that the period over which the weight was lost is stated. The testimonee should sign an RACC Testimonial Release Form and provide details of their start and finish weights, including Body Mass Index calculations. Specific weight losses quoted must not be excessive. As a guideline, a weight loss of up to 4lbs per week for the first three-four weeks, followed by up to 2lbs per week subsequently, is considered acceptable under current best nutrition advice.

Assurances or predictions of specific weight loss cannot be accepted, as the amount of weight loss achieved by individuals depends on many variables and cannot be guaranteed. 'Lose X stone in 14 days - guaranteed' is an unacceptable claim. You may however, be able to make a general weight loss indication such as 'You could lose up to X in your first month', subject to qualified medical advice being obtained.

Advertisements for slimming aids must not suggest or imply that to be underweight is acceptable or desirable. Where testimonials are used, they must not refer to clients who are underweight.

Advertisements for slimming aids must not be addressed to those under 18, must not use creative treatments likely to be of particular appeal to them or feature any personality whose example people under 18 will follow.

Advertisements for slimming aids must be scheduled away from programmes aimed particularly at under 18s (this does not apply to low calorie foods and drinks, provided that the advertising is not based on a slimming theme).

The tag 'can help only as part of a calorie controlled diet' is only needed where an advertisement for a low-calorie food or drink product (e.g. diet coke) implies weight loss.


Smoking Accessories

Accessories which can be said to be used predominantly in smoking, e.g. cigarette papers, and pipes may not be advertised.

Lighters may, however, be advertised.


Smoking Deterrents

Full details and evidence of efficacy are needed of the product.

For products offering nicotine replacement therapy, the copy needs to qualify that giving up smoking is dependent on willpower. The most common tag used is 'If you're determined to quit, try …'

The copy must not state that the deterrent can 'cure' those addicted to smoking or state that the product/treatment is 100% guaranteed.


Smoking Scenarios

References to, or sound effects of, people smoking cigarettes are unacceptable, e.g. a person having a cigarette, puffing a cigarette or lighting up.

Incidental references to smoking in general, e.g. being in 'a smoky bar' are acceptable.


Soft Drinks

Advertisements for drinks which do not hold a Marketing Authorisation under the Medicines Act 1968 but which include certain vitamins (e.g. vitamin C) must not claim or imply that the product will aid recovery from ailments such as colds or flu.

Advertisements for drinks without an appropriate Marketing Authorisation must not claim that they will provide an instant boost of energy to enhance sporting performance or to cope with tiredness.


Solicitors

Solicitors wishing to advertise must comply with the current, relevant Law Society Code.

The professional qualifications of partners should be submitted.

'No win, no fee' claims do not necessarily mean 'no win, no cost' to the consumer. Check whether the consumer is responsible for insurance and disbursement costs and, if so, include a tag such as 'no win no fee, subject to insurance and disbursements'.

With unconditional claims, e.g. 'nothing to pay win or lose', you should get confirmation that there is no service charge, no insurance required and that, if the claimant loses their claim, they are indemnified against paying any costs.


Sound Effects which need Special Care

If you use potentially distracting sound effects which could be a safety hazard to those listening whilst driving, (e.g. screeching tyres, car horns, revving engines, sirens, smashing glass, vehicle crashes, alarm bells, telephone rings, screams and gun shots), make sure that they are brief, muted, under accompanying voiceover(s) and quickly made relevant to the advertisement scenario. In general, advertisements should not start with these types of sound effects on their own.


Sperm Donation - RACC clearance is recommended.

Any clinic that wishes to advertise for sperm donation must be licensed by the Human Fertilisation and Embryology Authority.

Private individuals may advertise for sperm donors only if all his/her treatment is carried out by a licensed clinic and evidence of this is provided.


Sponsorship

All sponsor credits for sponsored programming involving 'special category' advertisers must be submitted to the RACC and any claims therein must be substantiated.

Sponsored features must make clear that the featured promotion has been instigated and run by the station. The feature should be 'brought to you by' the station 'in association with' the sponsor, not the other way around.

Sponsor credits should be short branding statements, which may contain legitimate advertising information (sales messages, short calls to action, slogans, addresses, telephone numbers, web addresses etc.). The RACC will take into account the length of credits and the number of advertising statements when judging the acceptability of sponsor credits.

Brief references to the prizes supplied by the advertisers are acceptable, but not detailed product specifications.

The means of winning the prize or promotional item should primarily be via the station, i.e. not via the advertiser's website.

Sponsors may buy spot advertising in and around the programming they sponsor, provided that such advertising is distinct from sponsor credits.

Sponsored credits for medicinal products that also include a claim must include the health warning as per a medicinal advertisement, e.g. "The xxx programme with Anadin, effective relief from headaches, always read the label".

Betting and gaming companies may sponsor advertising, subject to the following restrictions:

  • they may not sponsor programming aimed at people under 18;
     
     
  • sponsored credits for betting and gaming companies (excluding football pools and lotteries) may include only a concise, factual, branding statement of the company's business, e.g. 'xxx, the online betting company". No advertising content is permitted (however, a telephone number or a website address is permitted). Sales messages remain prohibited.

For the sponsorship rules in their entirety, please refer to the BCAP Radio Advertising Standards Code. For detailed guidance on sponsorship, please call Ofcom programming and advertising staff on 0845 456 3000.


Strikes/Industrial Disputes

The BCAP Radio Advertising Standards Code bans any advertisement which 'furthers' an industrial dispute/strike. However, following or during a strike, advertisements may factually inform listeners of the resumption/disruption of normal services or working hours, provided that the copy makes no biased statements, e.g. includes the reason for, or cause of, the strike concerned.


Sunday Trading

Sunday opening of shops is governed by the Sunday Trading Act 1994.

Small shops (not over 280 square metres) may open at any time on a Sunday. Large shops (over 280 square metres) may open for a continuous six-hour period between 10am and 6pm.

Small shops can open on Christmas Day and Easter Day.

Large shops cannot open on Christmas Day when it falls on a Sunday or at all on Easter Day.

Check that shops that wish to promote their Sunday opening comply with any specific requirements imposed on them by the Act.

Where applicable, the tags 'open throughout Easter/Christmas' and 'open on Sundays' are acceptable.


Superlatives

When you want to use the word 'best' and other superlatives, ask yourself whether the superlative refers to a subjective quality or an objective quality.

If the superlative is subjective, cannot be measured and is presented clearly as a matter of opinion, the claim does not need substantiation, e.g. 'it's the best holiday ever/I had the best holiday ever'.

If the superlative is objective which can be measured against factual criteria and is presented as fact, the claim needs to be supported by satisfactory evidence, e.g. 'Britain's largest X company'.

As well as supporting evidence, objective 'best' claims usually need to be qualified in the copy, e.g. 'with our unique 24-hour call out, we offer the best service in the area'.

Claims such as 'Britain's number one X company' and 'Britain's leading Y specialist' are seen as factual claims which imply market leadership.

Satisfactory evidence is needed, e.g. size of turnover, range of products stocked, amount of square footage etc. in comparison to competitors.

'Top parity' claims state or imply that the advertiser or their products are amongst the top of the range, but are not above the rest. Top parity claims are acceptable (e.g. 'nothing acts faster') with satisfactory substantiation that the product performs as well as its leading competitors.


Surrogacy

Advertisements by agencies who wish to promote surrogate mother contracts for childless couples are unacceptable.


Swear and Slang Words That Have Been Rejected

The RACC holds a full list of words and phrases that have appeared in draft advertisement scripts that it feels are likely to offend. To follow is a list of the most common, slang or taboo words and phrases which have been rejected in the past, depending on their context:

  • bloody
  • dick/prick/penis/pillock
  • frigging
  • bollocks
  • bitch
  • shit/crap
  • bastard
  • slapper
  • arse
  • dork/nonce
  • tits
  • moron/cretin

Care should also be exercised when using foreign words and phrases.


Syndicates

Advertisements, which invite listeners to join syndicates linked to gambling such as pool betting, horse-racing, etc., are unacceptable.