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LegalAdvertising Guidelines

Advertising Guidelines

Industry-specific DO's and DON'Ts based on South African law and the ARB Code of Advertising Practice. These guidelines complement the Advertising & Content Policy.

Informational only. These guidelines summarise South African advertising law requirements for common industries. They do not constitute legal advice. The regulatory landscape is subject to change. Always consult a qualified South African attorney for advice specific to your product, service or campaign. References are to legislation in force as at April 2026.
📋

General (All Advertisers)

Governed by: Consumer Protection Act 68 of 2008 · ARB Code of Advertising Practice

DO's
  • Ensure all claims are truthful, accurate and capable of independent substantiation.
  • Clearly identify your Ad as advertising (not news or editorial content).
  • Include mandatory disclosures where required by law (e.g. age restrictions, health warnings).
  • Honour any price, offer or guarantee stated in the Ad.
  • Ensure Ad content matches the product or service actually being sold.
  • Keep Ad content appropriate for public display in a shopping centre (all ages).
DON'Ts
  • Make false, misleading or deceptive claims about your product or service.
  • Omit material information that would likely influence a consumer's decision.
  • Use comparative advertising that unfairly disparages a competitor.
  • Exploit consumers' fear, superstition, or lack of knowledge to pressure a purchase.
  • Use small print to contradict or significantly qualify a prominent headline claim.
  • Advertise products at a price you cannot supply (bait advertising — prohibited under CPA s.30).
💊

Pharmaceuticals & Healthcare

Governed by: Medicines and Related Substances Act 101 of 1965 (as amended) · SAHPRA regulations · ARB Code · Consumer Protection Act 68 of 2008

DO's
  • Only advertise medicines that are registered with the South African Health Products Regulatory Authority (SAHPRA).
  • State the approved indication(s) and any applicable warnings or contraindications.
  • Include the instruction "For more information ask your doctor or pharmacist" where applicable.
  • Clearly identify the schedule of the medicine (e.g. Schedule 0–2 for general sale).
  • Substantiate all efficacy and safety claims with peer-reviewed scientific evidence.
  • For medical devices, ensure SAHPRA registration or CE marking as applicable.
DON'Ts
  • Advertise prescription-only medicines (Schedule 3 and above) to the general public — this is prohibited by the Medicines Act.
  • Claim that a product can cure, prevent or treat any disease unless this is an approved indication.
  • Make exaggerated or unsubstantiated claims about a medicine's effectiveness.
  • Use patient testimonials in a way that implies guaranteed results.
  • Advertise unregistered medicines or health products not approved by SAHPRA.
  • Promote medicines in a way that encourages self-diagnosis or self-medication for serious conditions.
🚭

Tobacco & Vaping

Governed by: Tobacco Products Control Act 83 of 1993 (as amended by Acts 12 of 1999 and 63 of 2008) · Control of Tobacco Products and Electronic Delivery Systems Bill (pending)

DO's
  • Comply with any future regulations under the pending Tobacco and Electronic Delivery Systems Bill.
  • Contact us before submitting any tobacco-adjacent content to discuss compliance.
DON'Ts
  • Advertise tobacco products, cigarettes, cigars or pipe tobacco — this is absolutely prohibited on our Platform and under South African law.
  • Advertise electronic cigarettes, vaping products, e-liquids or any nicotine delivery device.
  • Use imagery, branding or slogans associated with tobacco brands.
  • Advertise tobacco accessories in a manner that promotes tobacco use.
  • Target minors with any tobacco or vaping-related content.
🍷

Alcoholic Beverages

Governed by: National Liquor Act 59 of 2003 · Liquor Products Act 60 of 1989 · ARB Code · SALBA (South African Liquor Brand Owners Association) guidelines

DO's
  • Include the mandatory responsible drinking message: "Not for sale to persons under the age of 18."
  • Ensure the responsible consumption message is clearly legible in the Ad.
  • Only advertise alcohol if you hold the appropriate licence under the relevant provincial Liquor Act.
  • Portray alcohol consumption responsibly — in moderation and by adults.
  • Ensure Ad content complies with ARB Code sector requirements for alcohol.
DON'Ts
  • Target minors or use imagery, characters, celebrities or influencers with strong appeal to minors.
  • Suggest that consuming alcohol leads to social, sexual or professional success.
  • Show alcohol being consumed in conjunction with, or immediately before, operating a vehicle.
  • Associate alcohol with sporting achievement or physical skill.
  • Link alcohol consumption to relaxation of inhibitions or courage.
  • Advertise at events or in venues primarily attended by minors.
  • Suggest that non-drinkers are unsocial or inferior.
🎰

Gambling & Betting

Governed by: National Gambling Act 7 of 2004 · National Lotteries Act 57 of 1997 · Applicable provincial gambling legislation · National Gambling Board regulations

DO's
  • Hold a valid licence from the National Gambling Board or applicable provincial authority.
  • Provide your licence number in the Ad or supply it to us before submission.
  • Include the responsible gambling message: "Gamble Responsibly."
  • Include the National Problem Gambling Helpline number: 0800 006 008.
  • Comply with all National Gambling Board advertising standards.
  • Accurately represent the odds, prizes and terms of any gambling product.
DON'Ts
  • Advertise gambling or betting without a valid, current licence — this is a criminal offence.
  • Target or appeal to minors in any gambling-related Ad.
  • Suggest that gambling is a reliable way to make money or solve financial problems.
  • Make misleading claims about winning odds, jackpots or payout rates.
  • Use gambling advertising to promote unlicensed or offshore gambling operators.
  • Portray gambling as an activity free of risk.
💳

Financial Services & Credit

Governed by: Financial Advisory and Intermediary Services Act 37 of 2002 (FAIS) · National Credit Act 34 of 2005 (NCA) · Financial Sector Regulation Act 9 of 2017 · Financial Sector Conduct Authority (FSCA) guidelines

DO's
  • Display your FSP (Financial Services Provider) licence number in the Ad.
  • Clearly state the name of the authorised FSP providing the service.
  • For credit products, comply with NCA advertising requirements — state representative APR (annual percentage rate).
  • Ensure all representations about financial products are accurate and not misleading.
  • Include any required risk warnings (e.g. "Investments are subject to market risk. Past performance is not a guarantee of future returns.").
  • For insurance products, clearly identify the insurer and product type.
DON'Ts
  • Advertise financial advisory or intermediary services without a valid FAIS licence.
  • Advertise credit products without complying with the NCA's disclosure requirements.
  • Guarantee investment returns or imply that investments carry no risk.
  • Use misleading interest rate claims (e.g. advertising a very low introductory rate without disclosing the standard rate).
  • Target financially vulnerable consumers with predatory credit offers.
  • Operate or advertise unlicensed financial schemes — this constitutes fraud and is a criminal offence.
  • Advertise cryptocurrency investment schemes without appropriate regulatory disclosures.
🍽️

Food & Beverages

Governed by: Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 · R146 Regulations relating to the Labelling and Advertising of Foodstuffs · Regulations relating to the reduction of sodium in certain foodstuffs (R214) · Consumer Protection Act 68 of 2008

DO's
  • Ensure all nutritional and health claims comply with R146 regulations and are scientifically substantiated.
  • Use accurate imagery that fairly represents the product as sold.
  • Include applicable allergen warnings where product may pose allergy risk.
  • Comply with any mandatory health or nutrition labelling requirements.
  • For functional foods, substantiate all structure/function claims.
DON'Ts
  • Claim that a food product can diagnose, cure, treat or prevent any disease — this is a medicinal claim requiring SAHPRA registration.
  • Use misleading before/after imagery or testimonials that imply extraordinary health results.
  • Show portion sizes that are significantly larger than the standard serving.
  • Target children with advertising for foods high in fat, sugar or salt in ways that exploit their inexperience.
  • Make unsubstantiated "superfood", "detox", "immune-boosting" or similar claims.
  • Misrepresent the fat, sugar, calorie or nutritional content of the product.
🏠

Property & Real Estate

Governed by: Property Practitioners Act 22 of 2019 · Consumer Protection Act 68 of 2008 · Alienation of Land Act 68 of 1981

DO's
  • Display your valid Fidelity Fund Certificate (FFC) number on property advertising.
  • Accurately describe property prices, sizes, features and location.
  • Clearly identify whether the price is an asking price or an auction reserve.
  • Comply with the Property Practitioners Act requirements for all property-related advertising.
  • Ensure property descriptions are fair and accurate — do not omit material defects.
DON'Ts
  • Advertise as a property practitioner without a valid FFC — this is prohibited under the Property Practitioners Act.
  • Make misleading claims about property value, return on investment or rental yield.
  • Advertise properties in a discriminatory manner in contravention of the Equality Act.
  • Misrepresent the dimensions, features or condition of a property.
  • Use "too good to be true" pricing to attract enquiries for unavailable properties.
👶

Children & Family

Governed by: Children's Act 38 of 2005 · Films and Publications Act 65 of 1996 · ARB Code (special rules for advertising to children) · Consumer Protection Act 68 of 2008

DO's
  • Ensure all Ads are appropriate for all ages, given that screens are displayed in public shopping centres.
  • Use clear, honest and age-appropriate language in Ads for children's products.
  • Accurately portray the performance and characteristics of toys and children's products.
  • Comply with all ARB Code provisions on advertising to children.
DON'Ts
  • Use advertising techniques that exploit the inexperience or credulity of children.
  • Encourage children to pester or pressure parents into purchasing products.
  • Create unrealistic expectations about product size, capabilities or performance.
  • Use imagery or themes from children's advertising to market adult products.
  • Advertise in a way that could undermine parental authority.
  • Promote unsafe behaviour or display activities that are dangerous for children without appropriate safety messaging.
🌿

Environmental & Sustainability

Governed by: National Environmental Management Act 107 of 1998 · Consumer Protection Act 68 of 2008 · ARB Code environmental claims guidelines

DO's
  • Ensure all environmental claims are accurate, specific and verifiable.
  • Use qualified claims where appropriate (e.g. "Made with 50% recycled content" rather than just "eco-friendly").
  • Substantiate claims with third-party certifications where available (e.g. SABS, ISO 14001).
  • Clearly state the scope of any environmental claim (e.g. "recyclable packaging" vs "recyclable product").
DON'Ts
  • Make vague or unsubstantiated "green", "eco", "natural" or "sustainable" claims — this constitutes greenwashing.
  • Use recycling symbols misleadingly if the product is not actually recyclable in South Africa.
  • Imply carbon neutrality or net-zero status without verified, third-party-certified offsets.
  • Exaggerate environmental benefits or use imagery suggesting greater environmental responsibility than the facts support.
  • Contradict verifiable environmental data about your product or industry.
🗳️

Political Advertising

Governed by: Electoral Act 73 of 1998 · Electoral Code of Conduct · Independent Electoral Commission (IEC) guidelines · Constitution of the Republic of South Africa, 1996

DO's
  • Clearly identify the political party, organisation or individual responsible for the Ad.
  • Comply with all IEC requirements and spending limits applicable to the relevant election.
  • Ensure Ad content is factually accurate and capable of substantiation.
  • Respect the dignity and rights of opposing candidates and parties.
DON'Ts
  • Publish false facts about opposing political parties, candidates or their policies.
  • Use intimidating, threatening or coercive content.
  • Violate IEC campaign spending limits or disclosure requirements.
  • Misrepresent any candidate's or party's manifesto, policies or history.
  • Use hate speech or content that incites violence or discrimination.
  • Advertise during a blackout period imposed by the IEC.

Key legislation referenced: Consumer Protection Act 68/2008 · ARB Code of Advertising Practice · Medicines and Related Substances Act 101/1965 · Tobacco Products Control Act 83/1993 · National Liquor Act 59/2003 · Liquor Products Act 60/1989 · National Gambling Act 7/2004 · National Lotteries Act 57/1997 · Financial Advisory and Intermediary Services Act 37/2002 · National Credit Act 34/2005 · Foodstuffs, Cosmetics and Disinfectants Act 54/1972 · R146 Foodstuffs Labelling Regulations · Property Practitioners Act 22/2019 · Children's Act 38/2005 · National Environmental Management Act 107/1998 · Legal Practice Act 28/2014 · Electoral Act 73/1998 · Constitution of the Republic of South Africa, 1996. Last reviewed April 2026.