Rules and ethics
Part of Check promotional merchandise rules and ethics before you order
Seven promotional merchandise advertising rules to check before launch
Seven-point checklist on UK promotional merchandise advertising rules: CAP Code claims, pricing, prize promotions, RIDDOR reporting and Primary Authority sign-off.
What to take away
- The core rules are in the CAP CodeSection 3 for misleading claims, Section 3.17 for pricing, Section 8 for prize promotions and Section 11 for environmental claims.
- Every objective claim such as "recycled" or "plastic-free" needs supplier certificates or test reports on file before the ad runs.
- Free-gift and was/now offers are promotions under the CAP Code, so the terms and the previous price must be genuine.
- RIDDOR covers specified injuries, over-seven-day absences and dangerous occurrences in merchandise production or warehousing. Keep records for at least 3 years.
- A repeat national campaign can use the Primary Authority scheme for assured advice from one council.
1 Check the CAP Code sections that apply
Start with the advertising rules, not the product. The CAP Code is written by the Committee of Advertising Practice and enforced by the Advertising Standards Authority. It covers paid ads, direct marketing and most online promotion.
The promotional merchandise UK rules and compliance guide sets out the wider duties around a campaign. Use the ASA advertising codes hub to read the current text. Next: match each planned claim to a section before briefing a supplier.
Check the CAP Code sections
| Rule area | CAP Code section | Check before launch |
|---|---|---|
| Misleading claims | Section 3 | Evidence for every factual claim |
| Pricing | Section 3.17 | Genuine previous price for was/now |
| Prize promotions | Section 8 | Closing date, entry routes, free route |
| Environmental claims | Section 11 | Certificates for recycled or biodegradable |
2 Evidence every environmental claim
"Recycled", "biodegradable" and "plastic-free" are objective claims. Keep supplier certificates, test reports or material data on file before publication. If the evidence is missing, change the wording or drop the claim.
A claim that cannot be substantiated is a breach of Section 11 and Section 3. Next: create a claim file for each product and store it with the artwork.
3 Price and free-gift offers
A "free" item is only free if the customer pays nothing extra for it. If a pen is bundled into a priced package, describe it as included, not free.
Was/now pricing needs a genuine previous price that applied for a reasonable period. Price claims must not mislead by omission or exaggeration. Next: check the previous price and the bundle wording before artwork is signed off.
4 Run prize promotions to the code
A prize draw or competition is a promotional marketing technique under the CAP Code. Publish closing dates, entry routes and restrictions before launch. Skill competitions need a genuine test of skill.
Where a purchase is required to enter, the free-entry route must be as prominent as the paid one. If the prize includes eco-friendly merchandise, the eco-friendly promotional products UK supplier questions help you check the proof before the draw opens. Next: put the full terms on the landing page, not only in the small print.
5 Report incidents under RIDDOR
Merchandise production, screen printing and warehousing carry injury risks. Employers must report specified injuries, over-seven-day absences and dangerous occurrences to the Health and Safety Executive. The RIDDOR reporting duties list the reportable categories.
Specified injuries include fractures other than to fingers, thumbs or toes, amputations, and loss of sight. Keep records of reportable incidents for at least 3 years. Next: add RIDDOR contacts and record locations to your supplier checklist.
Report specified injuries, over-seven-day absences and dangerous occurrences. Keep records for at least 3 years.
6 Use Primary Authority for repeat programmes
If your business runs the same promotional activity across several local authority areas, the Primary Authority scheme lets one council give assured advice that other regulators must consider. It suits national merchandise campaigns with recurring compliance questions.
Example: a supplier based in Birmingham could agree its claim wording with Birmingham City Council as Primary Authority before a national roll-out. A specific dispute still needs a qualified adviser. Next: check whether your campaign repeats across council areas before you brief a regulator.
7 Document disclosure and approvals
Record who approved each claim, what evidence supported it and when the ad ran. A written promotional merchandise disclosure policy makes that audit trail repeatable across campaigns and suppliers.
Store approvals with the artwork and certificates. Complaints can arrive months after a campaign ends, so the file must stand alone. Next: name the approver and the review date on every claim sheet.
Common questions
Do promotional merchandise advertising rules cover free gifts?
Yes. Free-gift and bundle offers are promotional marketing under the CAP Code. The terms must be clear and the pricing must not mislead.
Who enforces promotional merchandise advertising rules?
The Advertising Standards Authority enforces the CAP Code. Trading standards services handle much consumer protection enforcement locally. Individual cases need a qualified adviser.
Do I need to report a warehouse injury under RIDDOR?
If the injury is one of the specified reportable types, or a dangerous occurrence, the employer must report it to the Health and Safety Executive. Keep records even for non-reportable injuries, because patterns matter in a later investigation.
Does the same rule apply in Scotland, Wales and Northern Ireland?
Consumer protection law is largely consistent across the UK, but enforcement arrangements and some local duties differ. Check each nation a campaign targets and state which market the offer covers.
