The Advertising Standards Authority (ASA) has ordered five Midnite ads not to appear again after the spots received a combined 125 complaints against them.
The two TV ads, two video on-demand (VOD) shorts and a radio commercial were aired between April and May 2026.
The complaints alleged the ads “portrayed and encouraged gambling behaviour that could lead to financial, social or emotional harm” and that betting was an “escape from personal problems”.
The ads centred around the Midnite app working well while other technologies fail to work and people being inconvenienced in their everyday lives.
An example included a man trying to use a supermarket scanner, vending machine and alternative casino app, each of which failed to work properly.
During those scenes, “veins in the man’s head were shown visibly pulsating”, the ASA noted.
Text then appeared on screen and was sung to a tune, reading: “We can’t fix the rest, but our betting app is actually pretty good”.
The second TV ad followed a similar pattern, with a woman also shown with “visibly pulsating” veins in her head, according to the regulator.
The two TV ads were replicated on VOD services. The radio ad had the same theme and structure.
Midnite’s response
The challenger sports betting and casino operator said the ads were based on the “familiar experience of everyday technology not working as expected”.
Midnite added the pulsing veins were “intended as a well-established comedic device representing mild frustration rather than serious distress”.
The operator also insisted the frustration depicted in the ads was not directly linked with the decision to gamble with Midnite.
“Neither character was shown using the Midnite app, and the alternative malfunctioning gambling apps shown were included as further examples of faulty technology rather than as depictions of gambling being used as a coping mechanism.” a statement read.
The firm added that the use of “fix” was not suggested or meant as a “solution to the frustrations depicted”.
Midnite also sourced comment from Clearcast and Radiocentre, both of which aligned with the operator in its argument that frustration was linked to tech issues and did not portray potentially harmful gambling behaviour.
The ads also included reference to GambleAware.
However, the ASA upheld the complaints and ruled all the ads must not appear in the same form again.
The regulator said it acknowledged the pulsating veins were linked to tech failings and “exaggerated and comedic in style” but that “repeated references to things not working created a clear build-up of annoyance”.
On the “fix” point, the ASA suggested it was possible viewers could interpret the message to not be solely around poor product quality, but instead that Midnite could offer “some kind of relief from the frustrations that were the focus of the ads.”
The watchdog added: “Further, although the ads stated that Midnite could not ‘fix’ those situations, we considered the juxtaposition between the repeated frustrations and the final reference to the app was likely to convey that using the app was a way to move on from, or forget about, those frustrations in some way.
“We therefore considered the ads suggested gambling could alleviate stressful situations or frustration and could therefore function as a coping mechanism.”
Midnite penned a front-of-shirt sponsorships with Wolves and Middlesbrough this summer as its marketing efforts continue to ramp up.
In June, the ASA dismissed another complaint made against the online operator over its use of TikTok star Mia Mon as a brand ambassador.
EGR has contacted Midnite for comment.
The post ASA upholds complaints against Midnite ads after 125 objections lodged first appeared on EGR Intel.
Watchdog says spots “suggested gambling could alleviate stressful situations or frustration” and that betting could act as a “coping mechanism”
The post ASA upholds complaints against Midnite ads after 125 objections lodged first appeared on EGR Intel.