The beauty industry faces a constant challenge in relation to the truthfulness of the products it sells. Through the power of social media, beauty brands use influencers to endorse their products, adding a dimension of apparent authenticity to their advertising. In an attempt to regulate such practices, the Advertising Standards Authority (ASA) has focused on … Continue Reading
With online shopping at all-time high, ‘buy now, pay later’ (BNPL) options are becoming increasingly popular. BNPL is an option that enables customers to delay paying for goods or allows them to pay in instalments. The service typically bears interest which consumers have to pay. It differs from hire purchase because with BNPL, the customer … Continue Reading
The Federal Trade Commission has just announced a series of six settlements, which included individual monetary penalties, for false advertising by cannabidiol (CBD) companies. The targeted companies made claims that a variety of products containing CBD, including oils, balms, gummies, coffee, and other goods, could treat cancer, Alzheimer’s, heart disease, diabetes, and other serious ailments. … Continue Reading
On 2 November 2020, the UK Competition and Markets Authority (CMA) announced that it will be investigating descriptions and labels used to promote products and services claiming to be ‘eco-friendly’ and whether they could mislead consumers. The concern for the CMA is that an increase in demand for sustainability could lead to businesses making misleading, … Continue Reading
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
The advertising regulator in the UK, the Advertising Standards Authority (ASA) has banned Burger King’s ads for its new ‘Rebel Whopper’, a plant-based alternative to its hugely successful ‘Whopper’ beef burger. The ASA ruled that the ads were misleading, because the overall impression of the ads was that the Rebel Whopper was suitable for vegans … Continue Reading
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
With most of us staying at home, it is boom time for social media and video-streaming platforms. Facebook, Instagram, YouTube and TikTok have each experienced an exponential growth in users. Now, more than ever, we are signing-in to access newsfeeds, connect with loved ones or to fill in time while stuck indoors.… Continue Reading
The coronavirus global pandemic has brought with it very serious health risks and untold economic damage. In an effort to do what they can to limit the misery, brands are now having to re-think their marketing plans to engage with consumers responsibly.… Continue Reading
As we previewed in our earlier post, the COVID-19 pandemic raises new and heightened false advertising concerns for companies seeking to capitalize through mentions of the virus in marketing or consumer outreach efforts. During this harried time, both the unwary – and the well-informed – advertiser should navigate carefully to avoid the trap of consumer … Continue Reading
Companies around the world are scrambling to respond to the unprecedented challenges posed by the COVID-19 pandemic. We have all received many emails and seen a plethora of ads and social media posts by manufacturers, retailers and service providers about steps they are taking to respond to COVID-19 related challenges. The messaging is vital for … Continue Reading
The ASA has banned four e-cigarette producers, including British American Tobacco (BAT), from promoting their vaping products on Instagram. The e-cigarette producers advertised their vaping products on their own Instagram accounts. The posts featured various celebrities holding and endorsing the products.… Continue Reading
With the Olympics and men’s football UEFA European Championships taking place next year, alongside a summer full of music festivals, brands will be keen to ensure that they fully-realise the benefits of their investment in sponsorships. However, not all brands will be gaining exposure through the traditional medium of activating sponsorships with athletes, teams, and … Continue Reading
The U.S. Federal Trade Commission (“FTC”) continues to focus on influencer advertising, as part of its consumer protection mission. On November 5, 2019, the FTC released an instructive “Disclosure 101” Guide and “Advice for Social Media Influencers” video to help influencers understand their legal obligations when they are spreading their influence through social media posts, … Continue Reading
International prize promotions are regularly used by brands to engage with consumers through the use of social media and other platforms. In a recent publication, team members, Carlton Daniel and Andrea Ward, discuss the legal issues marketers should be considered when running such promotions. The publication addresses the gambling laws of various jurisdictions and the … Continue Reading
In September, Ailin O’Flaherty wrote about an ASA ruling relating to the depiction of young athletes in advertising for our sister blog Sports Shorts. You can read the blog here, and subscribe to Sports Shorts if you would like to receive regular updates and insights on sports law.… Continue Reading
As we reported earlier this year, a new rule dealing with the depiction of harmful gender stereotypes, was introduced into the BCAP and CAP Codes as of June 2019. The first decisions under the new rules have been released and we have seen two separate ads by Volkswagen and Philadelphia banned by the Advertising Standards … Continue Reading
As we reported earlier this year, following a six-month adjustment period, a new rule dealing with the depiction of harmful gender stereotypes, has been introduced into the CAP and BCAP Codes, which came into force on 14 June 2019. Despite being just a month in, the ASA has already received complaints about adverts which appear … Continue Reading
The Advertising Standards Authority (ASA) recently announced that it has overturned its original ruling published on 13 March 2019 relating to a Sky Bet TV ad promoting their ‘Request a Bet’ service. As reported by Carlton Daniel in this blog and in Law360, the ASA had previously found that the advertisement contravened the advertiser’s duty … Continue Reading
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
With childhood obesity rates in the UK among some of the worst in Europe, the Government has set a national target to halve childhood obesity by 2030. Whilst the Government acknowledges that this is a multi-faceted problem, it has reported that evidence suggests that children’s exposure to advertising of products that are high in fat, … Continue Reading
Advertising agencies aren’t often employed to create interesting concepts for job adverts and it is easy to forget that, just like any other advertisement, job ads must abide by the rules of the CAP Code (the Code). In fact, there is a whole section of the Code dedicated to marketing communications for employment, business opportunities … Continue Reading
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
In late 2018, the Committees of Advertising Practice (CAP and BCAP) announced the introduction of a new rule to deal with the depiction of harmful gender stereotypes in advertising. The new rule will apply to both the broadcast and non-broadcast codes of advertising practice and come into force on 14 June 2019, stating that advertising … Continue Reading
