ASA CAP Code Violations — The 7 Most Common Mistakes UK Marketers Make

The ASA Is Watching

The Advertising Standards Authority receives over 40,000 complaints per year about UK advertising. The Competition and Markets Authority has expanded its enforcement powers significantly since 2024, with fines now reaching £300,000 per violation.

Here are the 7 most common CAP Code violations UK marketers make — and how to fix each one.

1. False Countdown Timers

The violation: A countdown timer on a sales page that resets when it reaches zero, or a "sale ends midnight tonight" offer that continues the next day.

The rule: ASA CAP Code Rule 3.1 requires that marketing communications are truthful. The CMA has specifically identified fake countdown timers as an illegal dark pattern.

The fix: Only use countdown timers for genuine deadlines. Document the real end date and honour it. If your offer is permanent, remove the timer entirely.

2. "Limited Availability" Claims That Aren't Limited

The violation: "Only 10 spots left!" when there is no actual limit on availability.

The rule: CAP Code Rule 3.22 requires that scarcity claims are factually accurate. The DSA (which applies to UK digital platforms post-Brexit equivalent) specifically names fake scarcity as an illegal dark pattern.

The fix: Only claim limited availability when it is genuinely limited. Use a live inventory counter synced to actual stock. Remove scarcity language if it isn't real.

3. Unsubstantiated Testimonials

The violation: Publishing customer testimonials without being able to verify they are genuine and representative.

The rule: CAP Code Rule 3.47 requires that testimonials reflect genuine opinions and, where results are claimed, that those results are typical.

The fix: Keep records of all testimonials — including how they were obtained and who the customer is. Add disclosure when results shown are above average: "Results not typical. Individual results will vary."

4. "No. 1" and "Best" Claims Without Evidence

The violation: Describing your product as "the UK's leading," "number one rated," or "the best" without verifiable evidence.

The rule: CAP Code Rule 3.1 and 3.7 require that superlative claims are objectively verifiable.

The fix: Either remove the claim or provide documented evidence. "#1 rated" requires an independent survey. "UK's leading" requires market share data. "Best" requires a verifiable benchmark.

5. Hidden Fees and Drip Pricing

The violation: Advertising a price that doesn't include mandatory fees — then adding them at checkout.

The rule: CAP Code Rule 3.17 requires that the full price including all unavoidable costs is stated upfront. The CMA has fined multiple businesses for drip pricing.

The fix: Include all mandatory fees in the advertised price. If fees vary, state the starting price clearly: "From £49 per month" — not a bare price that increases at checkout.

6. Guarantees That Contradict Your Terms

The violation: Advertising "100% money back, no questions asked" while your Terms of Service state "all sales are final."

The rule: CAP Code Rule 3.1 requires consistency between advertised claims and actual terms. The Consumer Rights Act 2015 also provides statutory rights that cannot be contracted out of.

The fix: Audit all guarantee language against your actual Terms of Service. Remember: UK consumers have a statutory 14-day cooling-off period for digital products purchased online. Your Terms cannot remove this right.

7. Health Claims Without Authorisation

The violation: Claiming a product "boosts immunity," "burns fat," "detoxes" or treats any medical condition without regulatory authorisation.

The rule: CAP Code Rule 12 and 13 set strict requirements for health and nutrition claims. The MHRA regulates medicinal claims. Only authorised health claims can be made for food and supplement products.

The fix: Remove all health claims unless they are specifically authorised under EU/UK nutrition and health claims regulations. Replace with qualified language: "May support..." instead of "Boosts..." Consult a specialist for any health product.

How Red Flag AI Pro Helps UK Marketers

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In 60 seconds you get a compliance risk score, every flag explained in plain English, and an exact rewrite suggestion for every violation found.