Free trials and subscription offers in the UK: what the ad has to say before anyone signs up
The direct answer
Under the CAP Code, an ad for a free trial or other subscription offer that signs the customer up to ongoing payments must make that explicit, with all significant information about the offer (rule 8.17). CAP's guidance lists what is significant: whether a paid subscription starts automatically after the trial unless cancelled, the extent of the financial commitment if it is left running, and any other significant condition such as a cost to take part. Those conditions must appear in the initial material, immediately visible and prominent, distinct from other text, immediately after the most prominent reference to the offer, and legible; T&Cs apply, see website for terms, a pop up or the foot of a long page have all failed. Rule 3.26 bars calling something a free trial when it is a satisfaction or money back offer or needs a non refundable purchase, and a free trial may charge only genuine postage. Rule 8.18's allowance for ads limited by time or space is read narrowly and rarely applies to a website, email or social post.
Five conclusions
The argument, compressed.
- If a trial rolls into payments, the ad says so, says what the payments are, and says it next to the offer.
- Free trial is barred for money back guarantees and offers that need a non refundable purchase.
- A free trial may charge genuine postage and nothing else.
- T&Cs apply, a pop up, or terms at the foot of a long page have all been ruled insufficient.
- Websites, emails and social posts are never limited by time or space, so the full conditions belong in them.
Working framework · 5 decisions
The honest trial check
Five checks before a free trial or introductory subscription offer goes live.
Decision 01 / 05
Word
Confirm the offer is genuinely free to try, with postage as the only charge. Otherwise call it what it is.
What counts as a free trial
Rule 3.26 bars using free trial to describe satisfaction or your money back offers, or offers that require a non refundable purchase. Buy one get one free and free gift with purchase are promotions, since the product cannot be tried without buying another whose cost stays with the customer; a money back guarantee is a right of return, kept separate from any promotion. The ASA ruled against a 100% satisfied or your money back offer described as a free trial as long ago as 2005.
A free trial must be genuinely free. Genuine, uninflated postage may be charged; packing, handling and administration fees may never be passed on.
The short version
Say free trial only when it costs nothing, and put the rollover, the price and the term right beside the offer.
What must be said
Rule 8.17 requires every significant condition whose omission would mislead to be communicated clearly and up front. CAP's guidance names three for subscription offers: whether a paid subscription starts automatically after the trial unless cancelled, the extent of the financial commitment if the subscription is left running, and any other significant condition such as a cost to participate.
Amazon's free Prime trial ad failed in 2015 for leaving out both the automatic paid subscription and its cost. Warners Group's £5 bundle of a goody bag, tickets and five magazine issues failed in 2020 because claiming it meant a quarterly direct debit of £12.49 for a minimum of a year. Shaw Academy's free four week course access failed in 2021 because the ad left out that it was a limited trial, that signing up started a subscription, and that the course could never be finished inside the free period.
Where it must appear
Significant conditions belong in the initial promotional material, immediately visible and prominent so that people see them before deciding to take part. They should be distinct from other information, immediately follow the most prominent reference to the trial or offer, and be clear and legible in size and font. Conditions at the bottom of a long page failed (Amazon, 2015); T&Cs apply and see website for terms failed (Warners, 2020); a pop up box alone failed (William Hill, 2016).
Rule 8.18 lets ads that are significantly limited by time or space carry as much as practicable and point clearly to the rest. CAP warns that the ASA rarely finds an ad that limited, perhaps a sponsored search ad or a very small banner, and that websites, emails, social posts, leaflets and posters are never in that category.
- Works: "Try free for 30 days. Then £9.99 a month unless you cancel; cancel any time in the trial." directly under the headline.
- Works: "First month £1, then £24 a month for a minimum of 12 months." beside the offer.
- Fails: "Start your free trial" with the £9.99 a month rollover in a footnote at the foot of the page.
- Fails: "Free trial" on a product that must be bought first and refunded on return.
The brand cost of a trap
A subscription that people forget to cancel is revenue once and a story told to friends for years. The businesses that put the price next to the offer lose some sign ups at the top and keep the customers who stay, which is the only kind a subscription brand can build on.
Clarity here is also the cheapest trust signal a brand can buy: the customer learns on day one that the business says the hard number first.
Before you use it
Questions that can change the recommendation.
Does an ad have to say that a free trial rolls into a paid subscription?
Yes. CAP's guidance treats whether a paid subscription starts automatically unless cancelled, and the cost if it does, as significant conditions that must appear in the ad under rule 8.17, immediately after the most prominent reference to the offer.
Can I call a money back guarantee a free trial?
No. Rule 3.26 bars the term free trial for satisfaction or money back offers and for offers requiring a non refundable purchase. The ASA has ruled against that use since 2005.
Is T&Cs apply enough on a subscription offer?
No. CAP says T&Cs apply, see website for terms, a pop up box or conditions at the bottom of a long page are unlikely to be sufficient; the significant conditions belong in the ad itself, beside the offer.
Can I charge postage on a free trial?
Yes, the genuine uninflated cost of postage only. Packing, packaging, handling and administration fees may never be charged on a free trial.
What does brand strategy cost in the UK?
At Branding Tatva the Foundation engagement starts at £1,950 for UK clients. Its published scope includes discovery and positioning, audience definition, a core visual identity, starter brand guidelines and launch messaging direction. Review of subscription terms is outside the scope.
Research record
What this guide draws from.
Each source note describes what the reference supports. Platform guidance, research findings and Branding Tatva's practical suggestions have different scopes.
- Promotional marketing: subscription offers and free trials
Committee of Advertising Practice
Rules 3.26, 8.17 and 8.18, and the HealthMail, Amazon, Warners Group, Shaw Academy and William Hill rulings.
- Guidance on the advertising of free trials or other promotional offer subscription models
Committee of Advertising Practice
