ASA Rules Midnite did not Breach UK Advertising Code in TikTok Ad

The UK’s Advertising Standards Authority (ASA) has decided against banning an ad from operator Midnite, which had been alleged to have been of likely appeal to children.

The ad in question was seen on social media platform TikTok. In the video ad, influencer Mia Mon was featured, with overlaid text stating: “pov: it’s Friday night and you’re in ur [sic] cosy girl games era.” Mon was featured in the bath, lighting candles, preparing food and sitting on the sofa playing a lottery and bingo-style game on Midnite on her television. The post was seen on January 7, 2026.

What was the complaint about?

The complainant said their 13-year-old son had seen the ad on his TikTok feed, and questioned whether Mia Mon was likely to be of strong appeal to under-18s, and therefore constituting a breach of the ASA’s Code of Advertising Practice (CAP). Dribble Media, operator of Midnite, said it had contemplated the issue but decided Mon would not strongly appeal to under-18s.

Midnite argued Mon was an online content creator active on TikTok and Instagram, and that her TikTok content consisted of short-form videos of everyday routines and personal experiences. Midnite also pointed out Mon’s Instagram content focused on travel, hospitality and brand partnerships.

Mon also co-hosted ‘Fed Up’, an unscripted cooking show on YouTube which featured adult guests and discussions focusing on lifestyle and personal topics. Midnite argued Fed Up’s audience data showed 91.6% of viewers were aged 18 years or over, with the largest segment falling within the 25-34 age range (43%), followed by 18-24 (25.8%).

Mon had previously livestreamed on Twitch, which is popular with gamers. Midnite said however the live streams were infrequent and her most recent broadcast on the platform was over a year before the ad aired, in November 2024, with the streams only including occasional gameplay. Based on this, Midnite determined Mon’s public profile was not directly aimed at people under the age of 18.

ASA rules in Midnite’s favour

The ASA ruled in Midnite’s favour, concluding the subjects Mon covered on her social media were more adult-focused than youth-focused and unlikely to be of significant interest to under-18s. The ASA understood the argument that Mon’s Fed Up series was primarily aimed at an adult audience. Mon’s commercial partnerships brands such as alcohol brand San Miguel were also taken into consideration.

The ASA also referenced how Mon’s social media following in the under-18 bracket was not big enough to constitute a breach of the CAP code. The ASA stated in its ruling: “CAP Guidance states that one rule of thumb was that at least a total of 100,000 social-media follower accounts registered to people under-18, across social media platforms, was indicative of strong appeal.

“We understood that she [Mon} had 54,400 followers on Twitch but that it was not possible to obtain a breakdown of age demographics of her followers. However, the data provided by Midnite showed that of the users who had viewed her profile in the last 28 days, approximately 8% were registered as being under-18.”

What happens now?

The ASA’s decision means the ad can continue to be seen. The ASA does not have the power to reprimand operators, as it is self-regulatory, so even if Midnite’s ad had been found to have breached the CAP Code, the ASA would only have had the power to ban the ad from being seen again in the form complained of.