The UK Advertising Standards Authority has upheld a complaint against Microsoft over two Xbox Game Pass digital poster ads that featured named games without disclosing that those games included in-game purchases.
Xbox Game Pass ads featured named games
The ruling, published on June 24, concerned two digital static posters seen on December 13, 2025. Both promoted Xbox Game Pass with the line “THIS IS HOW WE PLAY NOW […] XBOX GAME PASS.” One ad featured Tony Hawk’s Pro Skater 3 + 4, while the other featured Call of Duty: Black Ops 7.
The complainant, Leon Xiao, an Assistant Professor at the City University of Hong Kong, challenged whether the ads were misleading because they omitted material information about in-game purchases.
Xiao’s specialism is in loot box regulation, and he stated on LinkedIn that he will “continue to make complaints to try to establish precedents and secure more detailed guidance as to when and how companies are expected to comply with the rule that the presences of (i) in-game purchase in general and (ii) loot boxes specifically are material information that must be disclosed to the consumer and must not be omitted in circumstances where that would likely cause the consumer to make a transactional decision they would not otherwise have made.”
He added that: “The test cases I pursue are no longer obvious and easy wins and are starting to, rightfully, test the boundaries of the rule. We are only now finally starting to see the ASA deciding when a disclosure is NOT necessarily required, which is highly insightful.”
The Game Pass offending advert. Image Credit: Leon Xiao
Microsoft said the ads promoted the subscription service
Microsoft argued that the posters advertised Xbox Game Pass as a subscription service rather than the individual games shown in the campaign. It said the game imagery was illustrative, that the ads did not include pricing or calls to action for the featured titles, and that disclosures about in-game purchases were provided on storefront pages and in ads for specific games.
ASA says in-game purchases were material information
The ASA rejected that position. It said the ads went beyond generic gameplay imagery because they named and highlighted specific, identifiable titles. While the regulator accepted that the ads promoted Xbox Game Pass rather than individual games, it said a consumer’s decision to buy the subscription was likely to be influenced by which games were included.
As the ads drew attention to Tony Hawk’s Pro Skater 3 + 4 and Call of Duty: Black Ops 7, the ASA said viewers were likely to take those titles into account when deciding whether to subscribe. It found that the presence of in-game purchases was material information because it could affect consumers’ understanding of potential further spending after accessing the games through Game Pass. Recently, Xbox quashed rumors that console exclusivity was coming to an end.
Image Credit: Leon Xiao
Microsoft told to change future Xbox Game Pass ads
The ASA concluded that the ads omitted material information and were misleading. The posters breached CAP Code rules 3.1 and 3.3 on misleading advertising.
The ads must not appear again in the complained-of form. The ASA told Microsoft to ensure that future Xbox Game Pass ads featuring identifiable video games disclose the presence of in-game purchases.
Authored by
Ollie Ring
Ollie has worked across video games, esports, and gambling for more than ten years, including consultancy work in the gambling industry. His bylines include BBC, Red Bull Gaming, Esports Insider, CasinoBeats, PC Gamer, Green Man Gaming, and Esprouts, his Substack on the overlap between games and gambling. Whereas he once enjoyed the chaos of PvP and running six WoW Classic accounts to min-max every aspect of his gaming life, Ollie now enjoys a tycoon or management game with far less pressure (and people) involved.
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