“Free raincover”, “free car seat” and “free footmuff” banners are common on pram websites. Advertising rules in the United Kingdom limit when “free” can be used. This guide summarises the Committee of Advertising Practice (CAP) guidance on “free” claims, which explains how the Advertising Standards Authority (ASA) expects the CAP Code to be read, and applies it to pram offers. The guidance dates from September 2010 and is still published on the ASA and CAP website. It does not bind the ASA, and the pram examples here are illustrations, not findings about any retailer. For related rules see the guides to reference prices and checkout extras.
What the Code says about “free”
The guidance quotes the CAP Code. Marketing must not describe a product as “free”, “gratis” or “without charge” if the consumer has to pay anything other than the unavoidable cost of responding and collecting or paying for delivery of the item. Marketers must make clear the extent of the commitment needed to take up a free offer. An item cannot be called free if there are packing, handling or administration charges, if the cost of response, including the price of a product the consumer must buy, has been increased (unless the increase is unrelated to the promotion), or if the quality of the product the consumer must buy has been reduced.
Conditional purchase: a free item that is genuinely separate
The Code allows “free” on a conditional-purchase promotion, such as a free raincover with a pram, provided costs are clear and the item described as free is genuinely separate from and additional to what the customer pays for. The guidance gives two ways of showing this. First, the paid-for item can be bought without the free item and has a genuine stand-alone price, so that the shopper can see the price is the same either way. Second, the paid-for item is normally sold for the same price without the free item, so the usual price of the pram is established.
To justify the claim, marketers must be able to show that the free item is genuinely additional or separable, that the item is not supplied free unless the customer meets the promotion terms, and that consumers know the stand-alone price of what they pay for, which stays the same with or without the free item. The guidance also says customers have the right to believe the marketer will not recover the cost of the free item by marking up the item that must be bought, or by substituting inferior goods.
Packages and travel systems
The Code prohibits describing an element of a package as free if its cost is included in the package price, unless consumers are likely to regard it as an additional benefit because it has recently been added to the package without increasing its price. The guidance defines a package as a pre-arranged combination of features offered for a long-term single, inclusive price where customers cannot choose how many elements they receive.
A travel system sold only as a complete set at one price resembles that definition. If the car seat cannot be dropped for a lower price, calling the seat “free” is difficult to justify unless it was newly added without any price rise. The guidance says marketers may describe included elements as “at no extra cost” or “inclusive”, but not “free”. A retailer that also sells the pram frame alone at the same price as the set, with a separate seat available to buy, would be in the conditional-purchase position instead. The guide to VAT on travel systems explains why the car seat attracts 5% VAT and the pushchair 20%.
How long can something stay “free”?
According to the guidance, an element added to an established package without raising the price or reducing quality can be described as free for a reasonable period. As a rule of thumb, marketers should avoid calling elements that have been part of a package for more than six months free. If the package price rises, or its quality is reduced, after the element is added, the new element may not be called free.
Checks before buying
The tests suggest practical checks. Look for a stand-alone price for the pram without the free item and for the free item on its own. Compare the price of the pram on the same site on other dates, and across retailers. Read the full terms for handling or other charges. A complaint about a misleading “free” claim can be raised with the retailer, and the ASA is the UK advertising regulator that applies the CAP Code.
FAQs
Does the CAP guidance apply across the UK?
The ASA is described by the CAP and ASA influencer guide as the UK advertising regulator, and the CAP Code covers non-broadcast marketing in the UK.
Can a pram retailer say “at no extra cost” instead of “free”?
Yes. The guidance says included elements of a package may be described as at no extra cost or inclusive, but not as free.
Is delivery allowed to be charged on a free item?
Yes. The Code allows the unavoidable cost of delivery or collection, but not packing, handling or administration charges.
The bottom line
A pram retailer may call an accessory free only when it is genuinely separate from, and additional to, a pram that sells at the same price with or without it, or where it was recently added to a package without a price rise. Elements of a fixed-price package, such as the car seat in a set sold only as a set, are better described as included. Shoppers can test an offer by finding the stand-alone price, comparing dates and checking for handling charges. This is general information, not legal advice.
Sources
- Guidance on the use of “free” claims in advertising (asa.org.uk)
- Influencers’ guide to making clear that ads are ads (asa.org.uk)