Archives: Advertising

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Ambush Marketing in the Digital Age

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

Spreading The Influence: FTC Issues New Guidance for Influencers

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

Legal Issues to Consider when Planning Prize Promotions

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, Andrea Ward and Jessica Dye, discuss the legal issues marketers should be considered when running such promotions. The publication addresses the gambling laws of various jurisdictions … Continue Reading

How Harmful do Gender Stereotypes Need to be? Ads Banned in UK Following New Rule

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

“It’s Unbelievable Jeff” – The ASA Overturn Sky Bet’s ‘Request a Bet’ Ad Ruling

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

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

Hungry for change: ASA and Government target junk food ads

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

Employment Adverts – making sure you have the right tools for the job

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

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

Faux or Fur?

The Committee of Advertising Practice (“CAP”) recently drew attention to a number of misleading “faux fur” claims in relation to certain clothes and accessories in its enforcement notice published on 17 January 2019. The notice records CAP’s concern that consumers have been misled by ads for “faux fur” products, in contravention of Section 3 of the … 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

Not so super? BCAP issues strict new guidance on the use of superimposed text in TV ads

The Broadcast Committee of Advertising Practice (“BCAP”) has recently issued revised guidance on the use of superimposed text (“supers”) in TV advertising. Advertisers often use supers to help avoid misleading viewers, as supers can convey information (required for legal or regulatory purposes), to qualify claims made in television ads. However, research by the Advertising Standards … Continue Reading

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
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