I had a reply back from ASA:
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Thank you for contacting the Advertising Standards Authority (ASA) recently about Liam & Janine Day, and for your patience while we considered your complaint.
You may be interested to know we received similar complaints about this advertiser.
The ASA received nine complaints.
- Most complainants challenged whether the posts were undisclosed marketing communications.
- Four complainants objected this advertiser was promoting CBD products on social media using medicinal claims, including “anti-cancer” claims.
Thank you for bringing this issue to our attention. We acknowledge the concerns you have raised about this advertiser, and I have forwarded the details of your complaint to the CAP Compliance team for them include in their enforcement action.
Unlike with cases which require further investigation by the ASA, where additional commentary or input from a complainant can be necessary to fully understand the issues, your complaint touches on an issue which we know is a clear problem under the rules. In those circumstances, the Compliance team has all the information it needs and will work directly with the advertisers to bring about compliance.
The Compliance Team doesn’t report to complainants or routinely publish the details of its work but please be assured they will take the most appropriate course of action. If the advertiser does not comply, the
Compliance team can apply
sanctions, and may ultimately refer the matter to our legal backstop,
Trading Standards.
In regard to the cancer treatments claims more specifically, I would advise that these are not covered by the advertising rules the ASA enforce. Cancer treatment claims are specifically prohibited by legislation under the Cancer Act 1939. As a non-statutory body, the ASA cannot interpret or apply legislation directly and so this issue is best tackled by Trading Standards.
We would therefore recommend that you contact the Citizens Advice consumer service, who offer free, confidential and impartial advice on consumer issues, and can make referrals to Trading Standards in regards to issues relating to legislation, such as breaches of the Cancer Act. You can contact their helpline on 03454 040506 (Monday to Friday from 9am to 5pm) or you can find further information here:
https://www.citizensadvice.org.uk/c...if-you-need-more-help-about-a-consumer-issue/.
In terms of Issue 1, thank you for making us aware of these posts. Advertising should contain nothing that is likely to mislead. We base our decisions on the content of the ad, when and where it appears, the audience and the type of product or service. When assessing complaints in this area, difficult subjective judgements are often required and we aim to strike a balance between allowing an advertiser a platform for their product while ensuring the high standards of the advertising rules are met.
After careful internal assessment, the posts did not score highly enough to warrant immediate action. Please be assured your complaint has been considered fully, in line with our
Non-Broadcast Complaint Handling procedures. However, if you would like to submit a further complaint about undisclosed marketing communications from this advertiser, please visit
Make a complaint - ASA | CAP.
While we won’t take further action this time in regard to Issue 1, we shall keep a record of your complaint for reference in our future assessments. We shall also take your complaint into account in our regular, proactive ‘intelligence gathering’ sweeps, where we analyse a range of information – including complaints made to us – to spot significant or emerging issues.
I hope this helps to explain our decisions, and thank you again for contacting us with your concerns.
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I think therefore that means they're not doing anything with it? But they know the anti-cancer thing is bad and suggest I do more with it by reporting to trading standards? Or am I misreading that?
