The UK’s Advertising Standards Authority (ASA) has ordered KamaGames to withdraw an advert for its Blackjackist brand after ruling it breached guidelines and was “misleading” to players.
The paid-for advert for the Blackjack 21: Blackjackist game appeared on X, formerly known as Twitter, on 2 April. It stated “No annoying notifications. No purchases. Just. Good. Old. Blackjack”.
However, an academic researcher in game regulation raised a complaint with the ASA over the ad. As they understood the game contained in-game purchases, including random-item purchasing, they challenged whether the ad was misleading.
In response, KamaGames said the “no purchases” reference meant players could enjoy the full game experience without making a purchase. It stated that as players receive in-game chips through gameplay and daily gifts, purchases were optional and not essential.
KamaGames also said that the game did not feature loot boxes or random-item purchasing mechanisms. CAP guidance requires games of this nature to make clear the presence of such purchases “if material to consumer decisions”. As KamaGames said the game did not fall into this category, it was unnecessary to take such steps.
The developer added that it had withdrawn the advert following the complaint.
ASA upholds complaint against KamaGames advert
Ruling on the case, the ASA ultimately sided with the complainant. It said the advert’s claim that “no purchases” were required to play was not wholly true.
“We considered the presentation of the claim, which appeared together with the claims ‘No annoying notifications’ and ‘Just. Good. Old. Blackjack’, reinforced the impression the game did not contain any in-app purchases and was purely focused on gameplay,” the ASA said.
The ASA did acknowledge the process of using virtual currency in the game and that it was not necessary for players to purchase this in order to play. It also noted a Google Play Store page stating that the game contained in-game purchases, including random items.
However, the ASA referred back to the “no purchases” claim. It said this gave the impression the game did not include any purchases whatsoever, regardless of whether they were needed to play the game.
“Because the ad did not make clear that the game contained in-game purchases, including random-item purchases, we concluded that the ad was misleading,” the ASA said.
As such, the advert was found in breach of CAP Code (Edition 12) rule 3.1, which refers to “misleading advertising”. The ASA said the advert should not appear again in its current form. It also said that KamaGames must not mislead customers of in-game purchases in the future.
ASA closes non-UK ‘loophole’ in CAP Code
The ruling comes after the ASA announced a change to the CAP Code, closing a “loophole” for operators headquartered outside the UK.
Previously, operators with a non-UK registered address were not covered by certain rules in the CAP code. However, from 1 September this year, operators subject to licensing conditions that require compliance with the CAP Code face the same rules as businesses located in the UK.
All UK-licensed operators must ensure communications on websites, apps and cross-border platforms meet the relevant criteria, regardless of where they are registered. Rules will also apply to content on websites with a “.uk” top-level domain and paid-for marketing communications from or by marketers targeting players in the UK.
Flutter Entertainment, Bet365 and Entain are among the major licensed companies that are registered in jurisdictions outside of the UK.
The ASA said the KamaGames advert misled customers over a “no purchases” claim.