Leisure, retail, health and beauty advertisements top the list of consumer complaints - report
Leisure, retail, and health and beauty are the sectors that dominated consumer complaints to the Advertising Standards Authority over the past five years, according to analysis by full-service law firm Shakespeare Martineau.
Between 2019 and 2023, the industries collectively received 90,536 complaints – representing 48 per cent of the total number submitted across all sectors.
The leisure industry led the way with 34,480 complaints lodged between 2019 and 2023, representing 18 per cent of the total grievances.
Complaints in the sector rose by 68 per cent over the five years, increasing from 5,473 in 2019 to 9,185 in 2023. The largest jump occurred between 2022 and 2023, with a 37 per cent year-on-year increase.
Receiving 30,316 complaints, the retail industry followed closely, amounting to 16 per cent of all complaints during the five-year period.
Complaints rose by 19 per cent from 2019 to 2023, growing from 5,166 to 6,143, including a 42 per cent increase in the most recent year alone.
The health and beauty sector saw 25,740 complaints over the same timeframe, accounting for 14 per cent of the total. The sector also experienced the most dramatic growth, with a 96 per cent increase from 3,779 in 2019 to 7,415 in 2023. Between 2022 and 2023, complaints rose by 55 per cent.
Selina Hinchliffe (pictured), commercial and intellectual property partner at Shakespeare Martineau, said: “Understanding the Consumer Protection from Unfair Trading Regulations and the Committee of Advertising Practice (CAP) codes, which are enforced by the Advertising Standards Authority, can be a minefield and damaging if businesses fall foul.
“The BCAP Code for broadcast advertising, as well as the CAP Code for non-broadcast advertising, are now more wide-reaching than ever and include the majority of online advertising, businesses’ own websites, commercial email advertising and text messages, as well as the traditional forms of advertising media.
“Regardless of the sector they are in, all businesses should adopt a proactive approach to compliance with advertising regulations to minimise the chances of receiving a complaint. All marketing communications must be legal, decent, honest and truthful so clear, accurate and transparent communication is key.
“Misleading claims are the most common pitfalls and brands should ensure every statement can be substantiated before publication. Equally important is staying attuned to evolving standards around greenwashing, where claims about environmental impact must be backed by documented and credible evidence.
“Terms and conditions should be prominently displayed and easily understood, particularly for promotions or discounts.
“Regular audits of marketing materials and clearance of campaigns, conducted by legal or regulatory experts, can help businesses identify risks before they escalate into complaints.
“Finally, monitoring consumer feedback and being willing to address concerns early can prevent minor issues from turning into formal complaints. The aim should always be to build trust and maintain transparency, which not only helps to avoid regulatory trouble but also strengthens brand reputation.”
