ASA rules against EA gaming ad

On 10 July 2024, the Advertising Standards Authority (the “ASA”) issued a ruling against Electronic Arts Ltd t/a EA for featuring a misleading gaming ad that failed to make adequately clear that the game contained random-item purchasing (loot boxes).

The ASA has previously upheld rulings against three separate social media ads for online games that failed to disclose the inclusion of loot boxes (read more here).

The Advertisement

On 20 March 2024, an ad for Golf Clash, a mobile app game, showcased its gameplay footage. Text at the bottom of the screen stated, “Includes optional in-game purchases (includes random items)” before quickly disappearing.

The complainant, who is an academic researcher in game regulation, challenged whether the ad was misleading because it did not make it sufficiently clear the game contained loot boxes.

EA’s Response

EA responded that the ad adequately disclosed that Golf Clash involved loot boxes. They pointed out that the “Advertising guidance on advertising in-game purchases” did not specify exact requirements for such disclosures, and that the prominence of the messaging would vary based on several factors. According to EA, the guidance suggested that while the disclosure need not be extremely prominent, it should be easily accessible and straightforward to locate for consumers.

EA explained that the disclosure was visible for two seconds at the beginning of the ad, which they believed made it easily accessible and noticeable. They mentioned that the font, spacing, colour, capitalisation, and layout of the text were selected to ensure its prominence within the ad. This method aligned with EA’s best practice guidance on disclosure and disclaimers in 2022, when the ad was created, and which has since been updated. Additionally, EA noted that the product description for Golf Clash, accessible via the ad, also specified that the game contained random item purchases, ensuring consumers would be informed before deciding to download the game.

In response to the complaint, EA confirmed that they were reviewing all their marketing materials to ensure compliance with the CAP Code and to enhance the prominence and readability of the relevant disclosures.

The Ruling

The ASA upheld the complaint, noting that in-game purchasing, particularly random-item purchasing, was crucial information for consumers, especially those with vulnerabilities. EA were required to clearly indicate this in ads, ensuring the information was easily accessible.

The ad included text stating, “Includes optional in-game purchases (includes random items)”, but it was presented in a light grey font against a rapidly changing background of brightly coloured gameplay clips. This made the text difficult to read due to varying colour contrasts and the quick succession of clips. Additionally, the text was small and only appeared for two seconds, further impairing consumers’ ability to understand the disclosure.

Because the text was not clearly presented, the ASA found that the ad was likely to mislead consumers about the presence of loot boxes in the game, which was considered essential information.

The ASA concluded that the ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising). EA were told that the ad must not appear again in its current form.

Comment

The ASA ruling continues to highlight the importance of ensuring ads clearly and accessibly communicate essential information about in-game purchases. EA's ad for Golf Clash failed to meet the appropriate standards, as the disclosure was brief, hard to read, and easily overlooked. This decision emphasises the need for transparency in gaming advertisements to protect consumers, especially those who are vulnerable.

Co-authored by Jade Anya, Trainee Solicitor