When the OFT can and cannot act

Cases where the OFT is likely to act

In deciding whether to take action, the OFT must take into account all the interests involved, particularly the public interest.

In assessing the seriousness of the complaint, the issues we will consider include:

• health and safety
• the nature of goods or services advertised
• loss suffered by the complainant
• the nature of the target audience
• the likely size of the target audience
• the cost of products or services advertised
• the need for speed in seeking a ban on the advert
• the likelihood of continued publication if court proceedings are not started.

When the OFT cannot act

There are a number of situations where the OFT cannot take action against an advertisement. The main ones are if the complaint is:

• about taste or decency
• frivolous or vexatious
• about activities or products or services that are said to be objectionable or unsatisfactory in quality or performance, rather than about the advertising claims themselves
• about an advert published by a private individual not acting in a business capacity

Cases where the OFT would act immediately

There are rare instances where we would act immediately - without referring the matter to other bodies first, such as:

• a scam, ie, where there is evidence of serious and intentional malpractice
• where the harm being caused is so great
• where there is evidence of serial offending
• where vulnerable consumers have been or are likely to be affected
• where there are serious public safety concerns
• where an advertiser's previous trading practices are known to be bad
• where there are multiple breaches of legislation requiring a greater need for the OFT to act quickly, and where misleading advertising is central to the harm being caused.

Back to: Control of Misleading Advertising Regulations