What the ASA CAP Code means for UK ecommerce product images?

What to take away

What the ASA and the CAP Code cover in product imagery

Section 3 of the CAP Code contains the rules meant to stop non-broadcast ads from misleading their audience, including rules on substantiating objective claims, pricing claims and comparisons with competitors. Rule 3.1 says marketing communications must not materially mislead or be likely to do so.

The ASA assesses how far an ad misleads from the overall impression it gives consumers, as well as from its specific claims and images. It asks how the average consumer will interpret the ad, and whether that is likely to cause a transactional decision they would not otherwise have taken.

A product image in a banner, a paid social post or an email can be part of an advertisement, so treat each placement as one. Marketplace listings need the same care, and the Amazon photography requirements add platform rules.

Misleading enhancements: retouching, mockups and implied performance

Misleading enhancements are edits that give a false impression of what the buyer will receive. Not every edit is a problem: adjusting brightness or cropping a background is usually fine. The issue arises when an edit changes the meaning of the image.

ASA advice says images that give an inaccurate impression of the product consumers will receive, for example by exaggerating its quality or size, or by suggesting it comes with extras when it does not, are likely to mislead. The ASA has ruled that an image of baby items was not representative of what customers received in a Baby Box.

Retouching, mockups and implied performance all fit that test. Removing a scratch from a refurbished laptop, enlarging a sofa in a room mockup or showing a jacket in a storm when it is only shower resistant can each create an impression the product cannot deliver. A quality checklist gives reviewers a place to record each edit.

Edits that add features the product does not have, such as a logo on a plain t-shirt or a phone case that is not included, change what the buyer expects, whether a retoucher or an AI product photography tool made them.

Comparative claims and substantiation

Comparative claims in product visuals include a side-by-side image, a before-and-after shot or a visual that implies your product is better. CAP guidance says marketers must hold up-to-date evidence for claims that consumers are likely to regard as objective (rule 3.7).

Comparisons with an identifiable competitor must compare products that meet the same needs or have the same purpose (rule 3.33), and must objectively compare material, relevant, verifiable and representative features (rule 3.34). Showing a premium model against a competitor's budget model fails the like-for-like test unless the difference is clear.

GOV.UK adds that advertising to businesses is covered by the Business Protection from Misleading Marketing Regulations, which bar misleading comparisons such as using a competitor's logo or trademark, or something very similar. Before publishing a comparative visual, check that you can prove every claim it makes and that you may show the competitor's product.

Consumer law and overall presentation

GOV.UK says the rules on unfair commercial practices in the Digital Markets, Competition and Consumers Act mean you cannot mislead or harass consumers, for example with false or deceptive messages or by leaving out important information.

Section 226 of the Act defines a misleading action to include an overall presentation likely to deceive the average consumer, and says an overall presentation may be deceiving even if the information it contains is true. A product image that hides a defect or exaggerates a benefit can therefore mislead even when the text is accurate.

GOV.UK says breaking the rules can lead to a report to Trading Standards, prosecution, or a penalty of up to £300,000 or 10% of global turnover, whichever is higher. The UK rules and compliance summary shows how these duties sit beside the CAP Code.

Worked example: a compliant versus non-compliant listing image

Hypothetical example: an outdoor clothing retailer has two versions of the main listing image for a jacket that its text calls shower resistant.

The first image shows the jacket worn under a waterfall with water beading off the fabric, retouched to look thicker. It implies full waterproofing and a warmer fill than the product has, so it is likely to give a misleading overall impression. The second shows light rain and unaltered fabric, which matches the claim in the text.

To move from the first image to the second, the retailer took five steps.

Compliance here is about accuracy, not about avoiding all editing, and a rehearsal of your risk scenarios shows where records are missing.

Copy Advice and due diligence

CAP's Copy Advice team offers pre-publication advice on non-broadcast advertising across all sectors. The advice is given in good faith but is not binding on you, CAP or the ASA, and it is confidential to the enquirer.

A standard enquiry is free and takes 3 to 5 working days, with paid 24-hour and 48-hour options for faster turnaround. Use it for comparative claims and implied performance, and keep the written advice with the approval record as evidence of reasonable care.

Building an image approval checklist

An image approval checklist applies the rules consistently before any product image goes live on a website, in social media or in email. It should cover accuracy, substantiation and legal compliance.

Review the checklist at least annually. Staff who edit or approve images should know the rules on misleading enhancements and comparative claims, and your disclosure policy should say when a model or mockup needs a note.

Common questions

Does the CAP Code apply to my ecommerce product images?

It applies to non-broadcast advertising, and a product image in an ad such as a banner, paid post or email is part of that ad. The ASA looks at the images as well as the claims.

What counts as a misleading enhancement?

An edit that gives an inaccurate impression of the product the buyer will receive, such as exaggerating its quality or size or implying extras that are not included.

Can I use comparative images with a competitor's product?

Yes, if you hold up-to-date evidence, compare products that meet the same need, compare verifiable and representative features, and may show the competitor's product.

Is Copy Advice free?

A standard enquiry is free, and the faster 24-hour and 48-hour options are paid. The advice is confidential and not binding.