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CAP and BCAP issue statement on Codes after Brexit transition period

Posted on 25 January 2021

Many of the rules covered by the CAP and BCAP Codes reflect EU law or UK law derived from EU law, for example, on misleading advertising, food and medicines. On 22 December, CAP and BCAP issued a statement assuring advertisers that all EU-derived legislation in force at the end of the transition period will remain in force unless subsequently repealed. Furthermore, they will continue to consider any necessary changes to the Codes pending Government guidance.

The Protocol on Ireland/Northern Ireland is one part of the new legal framework that will certainly impact the Codes.  Under the Protocol, Northern Ireland will be obliged to align with specific EU rules covering, in particular, technical regulation of goods (including food and medicines). CAP and BCAP have confirmed that they are monitoring legislation and government guidance to ensure any differences in regulation between Northern Ireland and the rest of the UK are reflected appropriately in the Codes, however they will not make changes to the Codes until UK's position is certain.

Following the end of the transition period, the ASA is committed to ensuring that any changes in law are considered in their work. Advertisers may need advice on the impact of the Protocol in specific product areas.

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