Compliance
Compliance Corner: UK Targets Misleading Adverts

The latest compliance news: regulatory developments, punishments, guidance, permissions and new product and service offerings.
The UK's Financial
Conduct Authority has strengthened rules to help tackle
misleading adverts that encourage investing in high-risk
products.
Under the move, firms approving and issuing marketing
standards must have the right expertise, whilst those
marketing some types of high-risk investments will
need to conduct better checks to ensure that consumers and their
investments are well matched, the FCA said in a
statement.
Firms also need to use clearer and more prominent risk
warnings and certain incentives to invest, such as
‘refer a friend bonuses,’ are now banned, the FCA
added.
As part of its Consumer Investment Strategy, the FCA wants to
reduce the number of people who are investing in high-risk
products that do not reflect their risk appetite.
This follows concerns that a significant number of people who
invest in high-risk products do not view losing money as a risk
of investing and invest without understanding the risks involved,
the FCA explained.
These new rules build upon the FCA’s more interventionist
approach to tackling poor financial promotions, reducing the
potential for unexpected consumer losses.
In the last year, the FCA said it has intervened in significantly
more financial promotions to prevent harm. In the year to the end
of July 2022, 4226 adverts were amended or withdrawn after
intervention from the FCA, it said.
The new rules will not apply to cryptoasset promotions, the FCA
added. Once the government and parliament confirm in
legislation how crypto marketing will be brought into the FCA's
remit, the FCA said it will publish the final rules on the
promotion of qualifying cryptoassets. These rules are likely
to follow the same approach as those for other high-risk
investments. Crypto remains high risk so people need to be
prepared to lose all their money if they choose to invest in
cryptoassets, the FCA stressed.
Welcoming the move, Sarah Pritchard, executive director, markets
said: “We want people to be able to invest with confidence,
understand the risks involved, and get the investments that
are right for them which reflect their appetite for
risk.”
“Our new simplified risk warnings are designed to help consumers
better understand the risks, albeit firms have a significant role
to play too. Where we see products being marketed that don’t
contain the right risk warnings or are unclear, unfair or
misleading, we will act,” she explained.
“This is even more important now because increases in the cost of
living could prompt people to chase higher investment returns
which may prove risky,” she added.
The FCA said it has also launched a consultation which could see
Long Term Asset Funds marketed to a wider group of retail
investors and schemes in future.
The proposals out for consideration would provide access to
non-traditional investments, which consumers might use to
diversify their portfolio and for potentially higher returns,
while still offering strong consumer protection.
The FCA said it is inviting feedback on this by 10 October
2022 and will confirm its final rules early next year.