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
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
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
Earlier this month the ASA announced its new strategy, More Impact Online, which aims to advance its regulation of online advertising over the next five years. The strategy has been developed following consultation with consumers, industry organisations and the government, and recognises the need for the ASA to move forward and adapt to the changing … Continue Reading
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
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
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
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
In terms of its advertising industry, France stands out from the rest of the world. This is due to the particular constraints imposed by French media buying law (commonly referred to as “Loi Sapin”). Pursuant to this law, advertising agencies may only act as an agent of the client when purchasing “advertising space” from media … Continue Reading
From 1 July 2017, non-broadcast adverts for high fat, salt or sugar (HFSS) foods aimed at children will be banned in the UK. The ban is a response to concern about the escalating problem of childhood obesity. Current estimates are that a third of children in the UK are obese. The ban will be introduced … Continue Reading
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
Many consumers are quick to skip or block digital ads when browsing through content on the Internet, including in social media. As a result, advertisers must continuously work to come up with creative ways to grab the attention of ad-avoiding consumers in order to deliver their advertising message. One popular method of online advertising that … Continue Reading
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
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
The Consumer Rights Act 2015, which represents a substantial consolidation and update to consumer contract law in the UK, came into force this month. All brands should be aware of the impact of the changes, particularly in view of the increased rights and remedies for consumers in the form of implied terms and, for the … Continue Reading
When a celebrity does a good deed or a sports figure achieves a major accomplishment, companies may feel like sending a public “shout out” to that individual – whether it be through a tweet, a Facebook post, or some other media. However, companies need to be very careful that such a reference to the public … Continue Reading
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
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
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
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
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
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’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
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
