A.5.2 Factual vs Promotional Information
While the Regulations draw a distinction between factual and promotional information, it is
not one which CAP typically makes.
The inherently creative nature of advertising provides significant scope for claims to be
made, and interpreted, in many different ways, including when they are presented as
matters of fact. This is a complex area and, in relation to the Code, it will be for the ASA
Council to interpret what is factual or promotional - though the courts may have the ultimate
say.