The ASA....

[TheManWithNoName]

I can't say too much at the moment for reasons that are likely to become clear in the next few weeks, but the ASA have pretty much confirmed to me that they have very little power.

• They do not have the power to fine, no matter how serious the issue.
• They do not have the power to suspend broadcasting, regardless of severity.
• They can refer matters to OFCOM for consideration of further action (e.g., for considering fines or suspensions), but only after repeated 'breaches of their codes'. However, in my experience, despite reporting numerous misleading sales pitches, the ASA rarely issues a warning serious enough to be deemed a 'breach of code'. Instead, they keep handing out 'advice', 'recommendations', or minor slaps on the wrist.
• Their website claims they proactively monitor for misleading practices, yet when I asked if Gemporia had been or would be proactively monitored, they ignored the question. You can draw your own conclusions from that.
• They told me they "have procedures in place to address repeat offenders" - but there seems little evidence of that. Gemporia have had multiple warnings over the past 18 months or so (I have email confirmations as such from the ASA), yet their misleading practices continue regularly.
• They also stated, "We aim to ensure that all advertisers comply with our guidelines and that consumers are protected from misleading practices." If that’s true, why do we have to keep reporting Gemporia, and why does the ASA keep responding with mere 'advice' or 'recommendations'?

I've also raised another very important issue with them - one I can’t disclose just yet, until a few weeks time. Their response has only reinforced my belief that the ASA are pointless and not fit for purpose.

It makes you wonder why we actually bother.