In case you are planning any analysis on today’s decision by the ASA to uphold a complaint about the People’s Postcode Lottery’s advertising (https: //www .asa .org. uk/rulings/postcode-lottery-ltd-a23-1204271-postcode-lottery-ltd. html), please find some comments from leading gambling law firm Poppleston Allen on the ruling below:
“This is the first time we’ve seen an ASA ruling related to lotteries for some time and it acts as a reminder that like other gambling companies, lotteries must always ensure their marketing is responsible and does not suggest their product is a solution to financial concerns,” a solicitor at Poppleston Allen, Felix Faulkner, said.
“In this case, the People’s Postcode Lottery argued because the advertising in question referred to a win having allowed the winners to pay for a wedding, which it believed to be discretionary, it could not be interpreted as suggesting it would provide a solution to the couple in question’s financial concerns.
“However, the ASA’s decision to uphold the complaint highlights the fact that the fine details are all-important. In this case, the ad referenced one of the winners having been made redundant and having had to put the wedding on hold after paying a deposit. It also used emotive language, which the ASA considered could be taken to mean they were stressed about their financial situation.
“Further, it referenced the fact the ad made clear the couple had continued to play the People’s Postcode Lottery after one half of the winning couple had been made redundant, which contributed to its decision.
“Lotteries are well-known for wanting to tell a story with their advertising about winners. However, marketing professionals need to make sure that the entirety of that story is compliant with the Committee of Advertising Practice (CAP) Code and that no part of it implies playing their lottery can be a solution to financial concerns.”
