Legislative back-up adds weight, authority and ultimate sanction. All advertisers are required to have documentary evidence supporting any claim prior to publication. This process would be reversed under statutory law where equity would demand a right of defence against sanctions imposed by a third party. This would lead to increased workloads in the courts and excessive cost, both at the expense of swift resolution. This threatens industry compliance and endorsement.
All advertising is subject to restrictions.
Their varying nature is related to the particular characteristics of any sector within the overall principle that, for any product legally and freely available, if it's legal to sell, it's legal to advertise - one being an essential component of the other. Proportionate sanctions are necessary to make self-regulation effective, not just as a deterrent, but also for corrective and punitive measures. These range from adverse publicity through the demand for advertisement pre-clearance, revoking of trade privileges and advantages, the denial of access to advertising space and ultimately referral to the Office of Fair Trading under the Control of Misleading Advertisements Regulation 1988. The industry is not only concerned with the management and adjudication of complaints. There is an advice facility for the industry to consult prior to publication.