What a product photography disclosure policy means for England sellers

What to take away

Why a written policy beats an informal habit

The Advertising Standards Authority now treats some organic posts as ads when the brand controls the content and the post promotes a product. The test the ASA applies is control plus payment, in money or in kind, and it comes from its guidance for influencers and brands. Section 2 of the CAP Code, and rules 2.1, 2.3 and 2.4 in particular, govern how a marketing communication must be identified. A studio brief cannot stop at lighting and angles; it must say whether the image is advertising, and how the disclosure appears.

The ASA sanctions page sets out what follows a breach, including adverse publicity and referral to other regulators. For a small brand the reputational cost outstrips any fine, so a policy naming one approver per image is cheaper than a ruling.

The three decisions your policy has to make

First, define an ad. A product image on your own site is usually not an ad in the ASA sense, but a gifted item shown on a creator channel often is. Write the test your team applies.

Second, decide what counts as a material alteration. Brightness and dust removal are routine. Slimming a model, adding a feature the product lacks, or shifting a colour beyond correction are not. Say who approves each category.

Third, set the disclosure format. The accepted wording is plain: 'ad' or 'advertisement feature'. Place it at the start of a caption or overlay, before the hashtags and before any 'more' link, so the viewer sees it before engaging rather than at the foot of a caption thread.

The UK rules and compliance guide collects the wider duties that apply to ecommerce teams.

The law under the code

Section 2 of the CAP Code is self-regulation. The binding law on a materially altered product image sits elsewhere. The Consumer Protection from Unfair Trading Regulations 2008 made a misleading action unlawful, and the Digital Markets, Competition and Consumers Act 2024 carries that duty forward while giving the CMA direct enforcement powers against unfair commercial practices. Trading Standards enforces locally in England. Keep a record of every alteration, because that record is the evidence if either regulator asks.

The CAP Code and PECR run across the United Kingdom. The Equality Act 2010 covers England, Wales and Scotland, and Northern Ireland has its own equality law, so a seller who also trades there should check that side separately.

Where PECR consent enters the picture

Disclosure and consent are separate duties. If you email shoppers with lifestyle imagery, or retarget them with product visuals, the Privacy and Electronic Communications Regulations 2003 apply, and regulation 22 requires consent for unsolicited electronic mail marketing. The ICO's guidance on PECR sets out the consent standard.

One shoot can produce a site image, an email banner and a paid social variant. Say which of those need a consent check.

Accessibility duties sit in the same document

Alt text, contrast and text size are part of publishing a product image, not an afterthought. In England the duty that reaches most sellers sits in the Equality Act 2010: a disabled customer must not be put at a disadvantage, and a product page a screen reader cannot describe fails that test in practice. The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 bind public sector bodies, not private sellers. WCAG 2.2 is the W3C benchmark most teams treat as the practical standard for alt text and contrast.

Put the alt text rule in the same policy as the disclosure rule.

Compare the duties at a glance

For example, a team paying £400 a month for a retouching retainer should know whether the retoucher may alter a model's shape, and who signs that off.

How to draft and review the policy

Start with one page. List the three decisions, then add an approvals table naming roles, not people. Keep the language plain enough for a freelance photographer to follow.

Review it every twelve months, and sooner if the ASA publishes a ruling that touches your category. Log each review with a date and an owner.

Supplier contracts need to match it. The guide to product photography commercial contracts shows which clauses carry the approval and alteration terms.

This article is general guidance only, and individual cases turn on their facts, so take advice from a qualified adviser.

The register behind the policy

Keep one register, not a folder of email threads. Each row should carry the image reference, the product, the alteration made, the approving role, the date, the label used and the next review date. Add a line for the annual review itself, with the date and the reviewer's role. That register is what an ASA complaint, a Trading Standards query or a supplier dispute will ask to see.

Common questions

Does a product image on my own website need a disclosure label?

Usually not, because it is not an ad under the CAP Code. It must still represent the product accurately, and any material alteration should be disclosed if a shopper could be misled.

Who carries the risk if a creator breaks the policy?

The brand usually does. Name who checks creator content before it goes live, and what happens when a post is pulled.

Can one policy cover both ASA and PECR duties?

It can sit in one document, but the tests differ. Ad identification turns on control and payment; PECR turns on consent. Keep the sections apart.

How often should the policy be reviewed?

Annually is a sensible baseline. Review sooner after an ASA ruling in your sector, and record the date and the reviewer each time.