Jack Blakey

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UK’s First Injunction Secured under Trade Secrets Regulations

US company Celgard, LLC has secured an interim injunction against its rival, Chinese company Shenzhen Senior Technology Material Co Ltd (“Senior”), that prevents Senior from importing or supplying its battery accessory products into the UK. The Court found there was a likelihood that Senior had misused Celgard’s confidential information and trade secrets, and that the … Continue Reading

Complying with ASA Rules During a Pandemic

The UK’s Advertising Standards Agency recently provided some useful guidance on compliance with its CAP Code that will assist promoters, influencers, agencies and brands as they continue to navigate the various ASA rules during the COVID-19 crisis. Dealing with unexpected events whilst running promotions Section 8 of the CAP Code governs promotions, and includes rules … Continue Reading

Despite the Coronavirus, the ASA is still doing business as usual

Although Britain remains gripped by the coronavirus lockdown, for the UK advertising sector regulator, the Advertising Standards Authority (ASA), it is business as usual. We highlight a few recent rulings, one on e-cigarettes and two on gender sterotyping/objectification. E-cigarette and vaping ads Following our blog post at the start of the year on the ASA … Continue Reading

Buy Now, Pay Later – New Compliance Rules Coming into Force

It was recently reported that Marks & Spencer is to offer a ‘buy now, pay later’ option on its website for online customers. The company  is modernising its services with the introduction of this payment scheme. Marks & Spencer joins the likes of ASOS and H&M in offering buy now, pay later (“BNPL“) services. How … Continue Reading

You could be a celebrity without knowing it if you have 30,000 followers on social media

In a landmark decision, the Advertising Standards Authority (ASA) in the UK recently ruled that, for the purposes of the CAP Code at least, a social media user may be considered a celebrity where they have 30,000 followers or more. In this case, the ASA found that an influencer breached the CAP Code when she … Continue Reading

New advertising guidance introduced to protect under 18s

Over the last year, the Committees of Advertising Practice (the CAP), have taken an increasingly robust view on gambling ads. Last year, it announced tougher standards to be imposed on gambling advertising after its review of gambling advertising revealed that – whilst advertising did not itself play a causal role in problem gambling – claims, … Continue Reading

Influencing the influencers – ensuring social media is upfront on endorsements

Last year, the Global IP & Technology Law Blog covered the investigation by the Competition and Markets Authority (CMA) into commercially driven posts on social media, the results of which were published last week. Following the investigation (which considered potential breaches of the Consumer Protection from Unfair Trading Regulations 2008), a number of prominent online … Continue Reading

Regulator Investigating Celebrities and Social Media Influencers Who do not Label Commercial Posts

The Competition and Markets Authority (CMA) in the UK is launching an investigation into concerns that social media stars and influencers may not be declaring payments or rewards when they endorse goods or services online. UK Consumer law Consumer law, under the Consumer Protection from Unfair Trading Regulations 2008, requires that if a blogger is … Continue Reading

‘Unhealthy’ Food Ads Banned Under New ASA Rules

Retailers should continue to monitor the Committee of Advertising Practice Code (CAP Code) governing the advertising of High in Fat, Salt and Sugar (HFSS) products to children. Last year, CAP introduced rules banning the advertising of HFSS products in children’s media and media where children comprise at least 25% of the audience. This includes placing … Continue Reading
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