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On 6 May 2026, the Advertising Code Foundation (Stichting Reclame Code) Appeals Board issued a decision confirming that game developers must disclose the presence of loot boxes in Facebook advertisements for games, not merely on app store product pages. The case concerned a sponsored Facebook advertisement for the game "Rush Royale" by MY GAMES, which featured the text "Dare to defend? Download the game!" accompanied by gameplay video and an installation button. A complainant argued the advertisement violated the Dutch Advertising Code (Nederlandse Reclame Code, NRC) by failing to disclose loot boxes—randomised paid content with uncertain rewards that carry gambling-like elements. The Appeals Board determined that loot boxes constitute essential information under Article 8.3 of the NRC. The decision interpreted "transaction decision" broadly to include clicking on a social media advertisement, as this action can lead consumers to download and play games containing loot boxes. The Board emphasised that loot boxes exploit consumer vulnerabilities, particularly affecting children, by creating uncertainty about in-game costs and gameplay experience. Placing disclosure information only on app store pages was deemed insufficient, as consumers have already committed to downloading before encountering such information. The Appeals Board rejected MY GAMES' arguments that loot boxes are optional features and that requiring disclosure would create excessive compliance burdens. The Board confirmed that the absence of loot box information renders advertisements misleading and unfair under Article 7 of the NRC. MY GAMES must cease making advertisements in this manner. This decision reinforces earlier guidance from case 2024/00251 and aligns with European Commission guidelines on unfair commercial practices regarding video games.

On May 6, 2026, the Dutch Advertising Code Appeals Tribunal upheld a decision finding that a Facebook advertisement for the mobile game “Rush Royale” breached the Dutch Advertising Code (NRC) by failing to disclose the presence of loot boxes within the game. The Tribunal confirmed that loot boxes constitute “essential information” under Article 8.3(c) of the NRC because they involve an element of chance and may lead to additional in-game spending. The Tribunal further held that the concept of a “transaction decision” must be interpreted broadly and includes clicking on an online advertisement or downloading a game following exposure to advertising. Accordingly, the Tribunal found that merely disclosing loot box information on the underlying Apple App Store or Google Play product page is insufficient. Instead, the presence of loot boxes must be disclosed directly within the social media advertisement itself. The Tribunal emphasised that the requirement is particularly important for the protection of children, noting that loot boxes may encourage minors to engage in paid transactions involving chance-based mechanics without adequate prior information. The decision confirms and expands upon the Appeals Tribunal’s earlier 2024 ruling concerning loot box disclosures in app store listings by extending the disclosure obligation to social media advertising formats. The Tribunal concluded that the advertisement was misleading and unfair under Article 7 of the Dutch Advertising Code and recommended that the advertiser cease advertising in this manner.

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Netherlands Advertising Code Foundation Upholds Loot Box Disclosure Requirements in Game Advertising

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Dutch Appeals Tribunal confirms loot box disclosures required in social media game advertising