Rules and ethics
What a branding agency checks before it signs off an advert
A pre-release advertising checklist for branding agencies in England, covering scope, evidence, comparisons, disclosure and specialist review.
Branding agencies advertising rules begin when brand work becomes a marketing communication. A typeface choice may sit outside that boundary; a claim about price, performance, origin or superiority does not. Review the complete impression in its real placement, not the identity system in isolation.
This checklist reflects sources opened on 5 September 2026. It cannot clear an unseen advert and is not legal advice.
What to take away
- Agencies must judge the whole advert in its real placement, not the identity system alone.
- Marketers carry primary responsibility under the CAP Code, but agencies also accept an obligation to follow it.
- Every objective claim needs a dated evidence file covering wording, interpretation, geography, version and expiry.
- Disclosure labels do not permit unsupported claims, and targeting data needs separate privacy review.
- Stop the release if commercial intent is unclear, evidence is missing or the destination journey fails.
Fix scope and responsibility
- Record the marketer, agency, publisher, audience, territory, channel and release owner.
- Decide whether the material falls within the CAP Code's non-broadcast scope or another advertising regime.
- Identify any regulated-sector rules for the client's product before creative approval.
- Keep the marketer's legal responsibility distinct from the agency's contractual tasks.
Section 1 of the CAP Code says primary responsibility rests with marketers and that agencies and other participants also accept an obligation to follow the Code. The Code is self-regulatory and frequently updated. It does not replace legislation or a sector regulator's rules.
Build a claim file
For each objective statement, save the exact wording, likely audience interpretation, evidence, geography, product or service version, measurement period, owner and expiry date. The ASA's misleading advertising guidance, updated 12 March 2026, addresses the overall impression and the need to substantiate objective claims. A qualification must not be used to rescue a headline the evidence cannot support.
Keep the supplied file and its version history. If evidence is withdrawn, contradicted or no longer covers the advertised offer, return the communication to hold.
For a comparison, identify the competitor, common customer need, compared feature, unit, date and verification route. Section 3 of the CAP Code covers misleadingness, substantiation and comparisons. A brand identity that resembles another business also needs separate trade-mark and passing-off advice; an advertising checklist cannot decide those rights.
Make commercial relationships visible
Paid, gifted, affiliate, sponsored or client-controlled content needs an explicit relationship record. Section 2 of the CAP Code requires marketing communications to be obviously identifiable within its remit. The label, timing and prominence must be assessed in the actual format.
The CMA's reviews and endorsements collection explains the April 2025 consumer-law changes and links role-specific guidance. It does not turn a disclosure label into permission to make an unsupported claim. Record who controlled the message, what value changed hands and which statements the creator could independently make.
Check targeting and delivery separately
The copy review does not authorise the audience data. The ICO's direct marketing guidance covers UK GDPR and PECR considerations. Document the recipient type, channel, purpose, provenance, suppression and transparency route before distribution.
An advert can also be accurate but inaccessible. Use WCAG 2.2 as a technical reference for relevant digital content, then obtain the applicable accessibility and equality review and test with affected users. Do not claim conformity from an automated scan.
Sign or stop
The release record needs dated outcomes from the marketer, advertising or consumer specialist, regulated-sector reviewer where relevant, IP reviewer, privacy and PECR reviewer, and accessibility owner. Recheck the live Code, supporting material, placement and client approvals on publication day.
Stop if the commercial intent is unclear, a material claim lacks evidence, a comparison uses unlike units, the relationship is hidden, targeting authority is unresolved or the destination journey fails an applicable gate. This draft remains on publication hold.
Before you act
- Record marketer, agency, publisher, audience, territory, channel and release owner.
- Build a claim file with evidence, owner and expiry date for each statement.
- Make paid, gifted, affiliate and sponsored relationships obviously identifiable.
- Check targeting and delivery against UK GDPR and PECR before distribution.
- Test digital content against WCAG 2.2 and review with affected users.
- Recheck the live Code, placement and client approvals on publication day.
Common questions
What does the CAP Code say about who is responsible for an advert?
Section 1 says primary responsibility rests with marketers. Agencies and other participants also accept an obligation to follow the Code. The Code is self-regulatory and frequently updated, and it does not replace legislation or a sector regulator's rules.
What should be saved for each objective claim?
Keep a dated file per claim: its exact wording, how the audience will read it, the supporting evidence, the region, the product version, the measurement dates, who owns it and when it lapses.
When should an advert be stopped before release?
Halt it if the purpose isn't clear, proof for a key claim is absent, comparisons use mismatched units, the paid link is concealed, audience consent is unsettled, or the final journey fails a required check.
