Following the rise of the use of QR codes during and since the COVID-19 pandemic, companies have started to incorporate this technology into their advertising campaigns. Although this is a useful tool to increase engagement and can make it even faster and easier for consumers to access content and information, companies should ensure they are used in a compliant way.

QR Codes can have the potential to be used in a way which may mislead consumers. This could occur where an advert does not appropriately manage the consumer’s expectations or else where content online is not representative of what is contained in the physical advert. As an example, the advert may suggest there is a product which is available but when the code is scanned and link followed, the product is unavailable as per the details of the advert.

In addition, where the advert links to sensitive content such as alcohol, gambling, or high fat/ sugar products or where there are other controls on how a product is marketed, the landing page would be considered part of the advertising communication and so may breach the CAP and BCAP’s rules regarding those adverts.

These examples could all be at risk of being banned by the ASA. At CG, we have experience in assisting clients in a range of sectors to ensure that their marketing and advertising strategies are compliant with the applicable legislation and regulations, whilst retaining their commerciality and creativeness. We offer advice on copy clearance as well as providing training workshops to our clients’ legal, sales, and marketing teams to empower them by better understanding the applicable framework and key messages.

Please contact any one of the Commercial Team for more information.