What if further action by the ASA doesn work?
In the end, if self-regulation proves ineffective, the ASA can refer the case to the Office of Fair Trading (OFT) for investigation under the Consumer Protection from Unfair Trading Regulations 2008 or the Business Protection from Misleading Marketing Regulations 2008. If the OFT agrees that an advertisement is misleading it can apply to the courts for an injunction to prevent publication of the advertisement. If the advertisement is repeated again, it would be treated as contempt of court and the advertiser could be fined. Although the OFT can take action in response to direct complaints from the public it will normally only act after the complaint has been investigated by the ASA.
Related Questions
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- What if further action by the ASA doesn work?
