RACC - Call 020 3206 7808 or Fax 020 3206 7801

'Cab'

The terms 'taxi' or 'cab' can only be used when it applies to a hackney carriage which is licensed to ply for hire.

If the provider of the cab is not licensed, the advertisement must make this clear.

Cars/Dealers

Car prices must include all compulsory charges, e.g. number plates and delivery, and should be quoted as a single, all-inclusive sum.

An 'on-the-road' price must include the cost of delivery, number plates and at least six months' road fund licence.

Until recently, the Passenger Fuel Consumption Order 1983 has required that wherever advertisements for non-diesel cars mention fuel consumption or fuel efficiency, they must also include the results of the three official approved tests: Simulated Urban Driving:: Constant Speed Driving (56 mph): Constant Speed Driving 120 kph. However, RACC have now been made aware that this is no longer required. All fuel consumption information must now be contained in promotional literature and need not, therefore, be included in radio advertising. So, providing the claims are substantiated and the highest rate of consumption of the three tests is given, no further information is required in the advertising.

All claims relating to the relative safety of cars must be capable of substantiation and based on industry-recognised safety standards which must be referred to in the advertisement. Safety claims should not exaggerate the benefit to consumers.

Sound effects, scenarios or references that imply or suggest excessive speed or dangerous driving are unacceptable.

Advertisements must not imply that it is acceptable for speed limits to be exceeded and references to a top speed that exceeded the legal driving limit are likely to be unacceptable. In all cases, there must be no suggestion of excitement or aggression.

Portrayals of car chases are unacceptable.

Advertisements must not encourage or condone illegal, dangerous inconsiderate or competitive driving or breaches of the Highway Code.

Care is needed when employing sound effects related to cars and driving which may create a safety hazard to those listening whilst driving, e.g. screeching tyres, car horns, revving engines, sirens, smashing glass, vehicle crashes.

Credit deals on cars for business users are not subject to the Consumer Credit (Advertisements) Regulations 2004, but the RACC will require scripts which feature monthly repayments to include a reference to the initial deposit (where applicable). In addition, the tag 'for business users only' must go in the copy.

For guidance on car insurance advertising and finance/credit packages, see 'Financial Advertising', (Insurance/Assurance).

Certificate Ratings for Films/Videos/Computer Games

Advertisements for 15 and 18 certificate films, videos and computer games should include the certificate rating.

The RACC may advise scheduling care for such advertisements, depending on their content.

The indication of other ratings is optional.

Charities - RACC clearance is required.

Check that the charity is registered with the Charity Commission (England and Wales), the Inland Revenue (Scotland) and the Department of Finance and Personnel (Northern Ireland) or that its charitable status has otherwise been officially recognised.

Charities based outside the UK are acceptable advertisers only if satisfactory bona fides can be established and if they provide written assurances that they comply with all relevant legislation in the country in which they are based.

All charity activities and status must not conflict with the RA Advertising Code rules on religious advertisers and political advertising.

Script submitters need to obtain a written assurance from the charity that it does not involve itself in activities in which its staff has a financial interest, that the donations received will be applied solely as stated in the advertisement and that the charity will not publish donors' names without their prior permission.

Charities may be asked to submit full details of their constitution, aims and objects, membership of governing body, recent and current activities and any additional information that may be appropriate.

Copy points

Copy should handle with care and discretion matters that arouse strong emotions from listeners.

Copy should not imply that anyone will lack feeling or fail in any responsibility through not supporting a charity.

Copy should respect the dignity of those on whose behalf the appeal is being made.

Copy must not over claim, exaggerate, mislead or misrepresent the charity or how it will use the donations received.

Copy should not represent 'emotional blackmail'.

Copy must not contain comparisons with other charities.

Copy must not address any fundraising message specifically to children.

If a commercial advertiser wants to refer to the fact that part of the proceeds of sales is being donated to charity, check that the relevant charity has given its permission. The copy must specify what proportion of sales goes to the relevant charity per sale (e.g. '£1 per sale' or '10% of purchase price'). Such offers must not be dependent on sales reaching a given level (e.g. 'for every 100 cars sold, one car will be donated to charity'). Such offers must not be made by advertisers of medicinal products.

If the advertisement promotes a credit card or debit card donation, the copy must state that the donor has the right to have any payment of £50 or more refunded.

Cheque-Cashing Services

Claims for cheque-cashing services which are subject to a fee and/or percentage commission charge should be qualified with a tag such as 'plus/subject to commission and/or fee.'

Child Presentation and Child Voiceovers - RACC clearance is required for scripts using child voiceovers.

For radio advertising, children are defined as those aged below 16.

Child voiceovers may be used provided that:

no moral harm is caused to the child;
the child's welfare and vulnerability are safeguarded;
the child is not being commercially exploited;
the child does not present selling message and calls to action about products and services which are beyond its understanding or which the law prevents them from buying itself.
Children may act out a role in a commercial, provided that the child actor is not exploited or morally harmed.

Children must not give personal testimony about an advertiser's product or service, but may give spontaneous comments on matters in which they would be interested.

Children, Advertising Addressed to - RACC clearance is required.

Advertisements must not mislead children or include exaggerated claims.

Advertisements for medicines or fundraising messages must not be directed at children.

Advertisements must not promote prices of, say, children's toys as 'only £9.99' or 'just £19.99'.

Advertisements must not make children feel disloyal or inferior because they do not possess a product.

Advertisements must not take advantage of a child's immaturity or credulity.

Advertisements must not directly urge children to buy a product or service.

Advertisements must not include copy such as 'get your Mum/Dad to buy it for you'.

Advertisements must not invite children to buy a product or service by mail, telephone, fax, email or via the Internet.

Advertisements must not encourage bad health or hygiene standards.

Advertisements for competitions must be appropriate for the relevant child's age and must contain all important qualifications. Copy with references to a 'free gift' must include all qualifying conditions.

Chinese Medicine - RACC clearance is required.

Clinics specialising in Chinese medicine may be accepted for advertising, subject to evidence of clinicians' professional qualifications.

Such advertising is usually on a 'platform-only' basis but, if the script refers to a particular condition, full details and satisfactory evidence need to accompany it for onward referral to the RACC's medical adviser for a professional opinion.

Chiropractors - RACC clearance is required.

Chiropractors must provide the RACC with details of the practitioners' professional qualifications.

General claims relating to the relief of migraine, headaches, sciatica, and back, muscle and joint pain have previously been approved (following qualified medical advice).

To be able to assess the factual accuracy of any new claims, the RACC would need to see detailed evidence and would seek professional advice from its medical consultant/s.

Chiropodists - RACC clearance is required.

Advertisers should be state registered and belong to The Society of Chiropodists and Podiatrists whose members must comply with its Code of Ethics.

Christmas Carols

The use of Christmas carols needs particular care. Some listeners may find the use of carols to promote pre-Christmas selling as exploitative. More leeway is given to secular carols than to religious music and hymns.

Sales messages, advertising slogans, jingles etc. may replace the lyrics of secular Christmas carols but care must be taken to ensure that the choice of lyrics do not deride or mock the carol or religious beliefs in general.

Based on previous decisions, the RACC holds a list of carols which may be used as background music or with lyrics changed, carols which may be used as background music only and carols which are unacceptable in all circumstances. The list is available on the RACC website here.

Cigarettes, Cigarette Tobacco, Cigars and Pipe Tobacco

Advertisements which promote cigarettes, cigars, tobacco, pipes and smoking paraphenalia are unacceptable.

Advertisements which promote events, teams and activities which are independently sponsored by a cigarette company (e.g. 'the Benson & Hedges Cup') are also unacceptable.

Advertisements which promote non-cigarette products which are marketed with a cigarette brand name (e.g. 'Dunhill clothing') are acceptable.

Clay Pigeon Shooting Clubs

Clay pigeon shooting clubs may not advertise.

However, references to 'clay pigeon shooting' are permitted, provided that they are part of a wide range of outdoor pursuits.

Clinical Research

Advertisements asking for volunteers to take part in clinical research trials for drugs are acceptable, subject to written evidence that the research is approved the Local Ethics Committee.

Copy must not mislead by omission, i.e. listeners must know what is being promoted and what is being asked of them upon hearing the advertisement.

Comparative Advertising

This is permitted, subject to the conditions of the Comparative Advertising Directive (97/55/EC), details of which can be found on in the BCAP Radio Advertising Standards Code. General guidance on RACC policy on comparative claims can be found below.

Comparative Claims

Comparisons with other advertisers and products/services are acceptable where they are factual, rather than denigratory.

Comparisons must be fair and not misleading. Tone of voice is important, e.g. sneering voiceovers are unacceptable.

For comparative claims to be acceptable (e.g. 'X brand washes whiter'), the advertiser must have demonstrated satisfactorily that its brand has been tested like-with-like against all other competitors and achieved superior results. Such claims are likely to be referred to a relevant RACC consultant.

Otherwise, the comparative claim needs to qualify how many or which other brands have been tested alongside the advertised brand and been shown to be less effective (e.g. 'in tests against the three leading brands, X washed whiter').

Claims based on subjective criteria (e.g. 'x brand of food tastes better than y brand of food') are likely to be mislead and must be appropriately qualified (e.g. 'out of 100 people, x people felt that y brand tasted better').

Competitions

Prize draws where customers buy a product and are then entered into a draw may be advertised as long as the price of the goods has not been inflated in order to pay for the running of the competition. A free entry route is not required.

Competitions where nothing is purchased beyond the entry of the competition, such as in the case of a draw ticket, are governed by the rules applicable to betting and gaming.

Condoms/Contraceptives - RACC clearance is required.

The tone and style of the copy should not condone or promote promiscuity.

Careful scheduling is needed, especially if the copy includes explicit references to sex.

Emergency contraception available over-the-counter (i.e. must have a Marketing Authorisation) may be advertised, subject to RACC clearance and consideration of the MCA's best practice guidelines.

Consumer Advice Services - RACC clearance is required.

Services/clinics/companies/individuals offering advice and/or treatments in medical, health, personal welfare, counselling or other matters may advertise, subject to evidence of suitable and relevant bona fides. These include: evidence of professional expertise and qualifications;

accreditation to a recognised professional body;
Compliance to that body's relevant code/s of practice;
systems for dealing with complaints and for taking disciplinary action;
systems for regular review of members' skills and competencies;
suitable professional indemnity insurance.

Contact Lenses

Check whether an eye test is needed (at a fee) for listeners in order for them to be able to take advantage of the advertised contact lens promotion. If so, the copy needs to qualify with a tag such as '(price) excludes eye/sight test'.

'Copycat' Creative Treatments by Competitors

If an advertiser's creative treatment copies that of a competitor's, make sure that the treatment does not denigrate the competitor in content, style or tone.

Plagiarism is unwise; it risks potential copyright/passing off problems and confusing and misleading listeners.

Copyright

To be the subject of copyright, literary works have to have a degree of originality. Generally, advertising slogans are too trivial to satisfy the minimum requirements of originality and hence are not the subject of copyright. Slogans can, however, sometimes be the subject of passing off.

The use of other advertiser's advertising slogans is unwise - their use could be seen as unfair, dishonest and denigratory to the relevant advertiser, or misleading to listeners.

Using clips from programmes/films and spoofs of programmes

Agencies and production houses must ensure that they have obtained copyright clearance before including clips from programmes/films owned by other broadcasters.

Spoofs of programmes/films/other advertisements

Care is needed when doing spoofs of TV programmes/films/advertisements - there is a risk of copyright infringement or passing off. The rights owners would have a copyright infringement claim if they could show that the commercial reproduced 'any substantial part' of the scripts from the programme/film. The rights owners would have an arguable passing off claim if they could show that listeners would be likely to assume that the commercial has been authorised or endorsed by celebrities.

To help ensure that the commercial is nothing more than a spoof, make sure that any music is clearly a spoof version, that the voiceovers are not soundalikes of recognisable celebrities/actors and that any words and phrases are pronounced in such a way that they are clearly spoofs from the programme/film.

Using well-known characters and their catchphrases

If well-known characters from programmes/films and their catchphrases are employed in advertisements, agencies and production houses/departments must clear their use with the original creator/writer by seeking written permission.

This area can be a minefield. Agencies, production houses and broadcasters are advised to take legal advice in any area of doubt.

Cosmetic Surgery (see also Hospitals and Clinics -RACC clearance is required.

Evidence of registration with the relevant Local Health Authority and the Healthcare Commission (where necessary), details of surgery offered and a list of the clinicians and their professional medical qualifications are required for clearance.

Any claims need to be supported by satisfactory evidence.

References to 'non surgical face lifts' have previously been rejected, on the grounds that these treatments do not have an effect comparable to that of a surgical procedure.

Counselling - RACC clearance is required.

Counselling services may advertise, subject to suitable bona fides such as evidence of relevant professional expertise and qualifications and accreditation to a recognised professional body. (See 'Consumer Advice Services' for further guidance on bona fides needed).

Country of Origin

If advertisements falsely imply or suggest that a product is manufactured in a foreign country when, in fact, it is made in the UK, a tag in the advertisement must qualify this, e.g. 'X lager, brewed in the UK'.