The Advertising Standards Agency has ruled that an advert from the Health Lottery promoting an online direct debit offer cannot be shown as it is irresponsible and encourages gambling.

Following a complaint against an advert that appeared on the Demand 5 video-on-demand service, an ASA investigation concluded that the advert was “was irresponsible and condoned and encouraged gambling behaviour that could lead to financial, social or emotional harm”.

The advert promoted a direct debit offer for the Health Lottery where consumers could have their first two weeks of play “free” as a refund from the advertiser if they signed up online and paid for their tickets monthly. The advert said that the Health Lottery would pay for up to 40 lines in each draw, giving up to £160 back to the consumer.

The complaint challenged whether the advert “condoned or encouraged gambling behaviour that was socially irresponsible or could lead to financial harm”.

The Health Lottery argued that “player protection measures” prevented direct debit and online players from buying more than 40 tickets per draw, and stated that the two draws per week meant a maximum spend of £320 per month.

In its response it said that the maximum play of £40 per draw ensured that there could be no excessive play on the Health Lottery. It said that such caps on spending amounts were “rarely seen in the gambling industry, and other lotteries did not automatically impose playing limits on their draw-based games.”

The Health Lottery, which was launched by Express newspapers and Channel 5 owner Richmond Desmond in 2011, said that the advert was not intended to encourage excessive play and was subject to “strict internal compliance and legal review”. It also featured the gambleaware.co.uk logo.

It also stated that had not received any complaints about the direct debit promotion that the advert publicised, which had been run from time to time over two years. The Health Lottery also said that the Gambling Commission was aware of the promotion and had not raised concerns in line with the complaint.

Following an assessment, the ASA agreed that the advert was not intended to encourage excessive play.

However it said the advert, through voice-over and visuals, “established an upbeat tone and focused on the maximum return”. The ASA ruled that this, and the emphasis on the refund which required a commitment of £320, was likely to encourage consumers who would not normally have spent £40 on twice weekly draws to spend more than they otherwise would have done.

The ASA concluded that the advert must not appear again in its current form and told the Health Lottery to ensure “that their ads in future did not encourage or condone gambling behaviour that could lead to harm”.