Archives: Advertising

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GDPR’s Impact on the CAP Code and How Prize Winners are Announced

Back in May this year, the Committee of Advertising Practice (CAP), which authors the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code), launched a consultation (the Consultation) on changes that may be required to the CAP Code on the issue of administration of prize promotions. This followed the introduction of … 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

GDPR’s Impact on Use of Employee Images in Marketing Campaigns – How to Protect Yourself!

The practise of employers using their employees’ images and names within marketing materials (from graduate recruitment materials and internal-only promotions, to nationally distributed campaigns) has become a riskier strategy in light of the consent requirements under the General Data Protection Regulation (GDPR), which recently came fully into force across the EU.  Even where employers have … Continue Reading

Keyword advertising – novel questions of honest concurrent use and passing off

Cases on trade mark infringement in the context of keyword advertising are rare. However, the UK High Court recently handed down a ruling on exactly that topic – in Victoria Plum Limited v Victorian Plumbing Limited. The decision is the first time a court has considered the ‘honest concurrent use’ defence to trade mark infringement … Continue Reading

California Supreme Court Finds That The Organic Foods Act Does Not Preempt State Law Consumer Fraud Claims

In Quesada v. Herb Thyme Farms, Inc., a unanimous California Supreme Court held that a California putative consumer class can assert state law claims arising from the purportedly false “organic” labeling of produce.  In so doing, the court reversed a decision stating that such claims are preempted by federal law addressing the use of “organic” … Continue Reading

Does your company “Like” endorsements on social media?

As a result of expanding technology, companies are faced with increasingly more choices when deciding how to spend their advertising dollars to promote their products.  Some companies choose traditional methods, such as print, radio or television ads.  Others use digital advertising, such as Google AdWords or placing ads on popular social media sites.  Still others may try more non-traditional methods, … Continue Reading

Tesco trumps Sainsbury’s in comparative ad spat: implications

The UK High Court has handed down a ruling which could give businesses greater freedom to undertake comparative advertising.  Comparative advertising is where a business makes a direct comparison between its product and a competitor’s equivalent product in an advert or other marketing communication. Background The ruling relates to a dispute between two of the … Continue Reading

Speaking from the Grave: Postmortem Rights of Publicity for the Deceased

We reported in the past on the right of publicity in the context of tweeting or posting in social media about celebrities without their permission.  As we are approaching Halloween, we thought it might be an opportune time to continue this series and report on the postmortem right of publicity for the deceased.  Most companies … Continue Reading

FTC Takes Action against Educational Services Company for Deceptive Advertising and Do Not Call Violations

  The U.S. Federal Trade Commission (the “FTC”) is the federal agency that is charged with enforcing laws to protect consumers against fraudulent, deceptive, and unfair business practices.  We recently reported on actions taken by the FTC to protect children’s online personal information, as well as “Operation Full Disclosure,” which is an effort by the … Continue Reading

More Crackdowns from the FTC – Advertisers Take Note of “Operation Full Disclosure”

The U.S. Federal Trade Commission (the “FTC”) is the federal agency charged with enforcing various consumer protection laws, including the prohibition on “unfair or deceptive acts or practices.”  We recently reported on the FTC’s crackdown on companies that allegedly collected personal information from children under the age of 13 in violation of the Children’s Online … Continue Reading

Consumers given new powers in the latest consumer law reforms

UK consumer protection laws change again today (1 October).  The Consumer Protection (Amendment) Regulations 2014 (the “Regulations”) come into force.  They give consumers a new direct right of redress against traders who commit certain breaches of the Consumer Protection from Unfair Trading Regulations 2008 (CPUT).  This development shifts the balance of power in favour of … Continue Reading

Advertising – ‘Pester power’ rule set for reform

The Broadcast Committee of Advertising Practice (BCAP) proposes to amend the ‘pester power’ provision in Rule 5.9 of the BCAP Code. The proposed change will represent a small but significant relaxation in the UK’s advertising regulatory regime. The current Rule 5.9 prohibits advertisements from “encouraging” children to buy a product or service or from asking their … Continue Reading

The Supreme Court Gives Juice to Lanham Act Claims

The Supreme Court’s unanimous opinion in POM Wonderful LLC v. Coca-Cola Co. (Dkt. No. 12-761) (June 12, 2014) highlights the key role of Lanham Act false advertising claims in protecting consumers from misleading advertising and labeling. Reasoning that competitors often are in a better position than regulators to identify false advertising and other unfair competition, … Continue Reading

Celebrity Tweets Can Cost You Millions

With 255 million monthly active Twitter users and more than 1 billion active Facebook users, social media platforms are powerful tools for companies to build relationships with their consumers and share information about their products.  Although social media offers companies a wide variety of opportunities to engage consumers, such as through conducting online promotions or … Continue Reading

.LONDON domain name to launch on 29 April 2014

What is it?  A new top-level domain name (TLD) permitting registration of (brand).LONDON, with priority given to London businesses, organisations and individuals.  Anyone with a presence or interest in London should consider seeking to register a .LONDON domain name.  It is expected that domain names will be allocated by August or September 2014. Who is … Continue Reading

Running an international prize promotion without breaking the law

Running an international prize promotion is an increasingly popular way for brands to engage with their consumers. Given the obvious benefits of the Internet, brands and their advisors often seek to operate those promotions through third party social media platforms, such as Facebook, YouTube and Twitter, or on bespoke platforms. While there are many benefits … Continue Reading

Read this before you Tweet that link!

Most companies by now have made their footprint in social media, including on leading platforms such as Facebook and Twitter.   With 500 million Tweets being sent per day, companies need to get creative to come up with enough content to engage their consumers.  One popular technique is to send Tweets that contain links to third-party content, along … Continue Reading
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