| Link(s): | Substantiation 101 – ASA |
Context
The ASA occasionally publishes ‘insights’ blogs in relation to various topics. A blog published this week is about the need to have evidence for what you say in advertisements – known as ‘substantiation’. This has been a long-standing requirement in financial services in relation to financial promotions.
Key points to note
- Around 70% of the complaints received by the ASA are about misleading advertising. In many cases, to establish whether a claim is misleading, the ASA will need to make an assessment of evidence.
- The requirement for evidence can arise in any number of scenarios, from how long a company has been trading, to their prices, to the validity of the efficacy claims they make for their products.
- Regardless of the nature of the claim, marketers need to bear the following points in mind:
- Hold the evidence BEFORE making the claim, so you should be able to produce evidence, without delay, if asked by the ASA or the FCA
- The evidence must be commensurate to the claim being made
- Substantiate the claim as it is likely to be understood by the average consumer; having substantiation for the claim as you intended it to be understood won’t pass the test.
Next actions
None – for information and awareness. For more guidance on some of the most common evidence pitfalls, see our article ‘Does your evidence come up short?’.