Tag Archives: advertising

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

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

Adverts must avoid harmful gender stereotypes

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

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

Sweepstakes and Contests: Should You Go International?

Sweepstakes have traditionally been widely used by marketers in the U.S., as they can be good at generating publicity and driving consumers to a company’s product (think Publisher’s Clearing House).   After all, who doesn’t love something for free?  In this digital age, sweepstakes are becoming even more popular as companies can better reach their consumers through social … Continue Reading

It’s Not Just Cricket: Protecting IP In Sport

Branding is the key to commercial success in sport. Just think: where would the New York Yankees be without their iconic NY logo? Or the Chicago Bulls without their iconic bull’s head? How much money would the Australian Football League (AFL) make if they didn’t own the logos for every team, and couldn’t sell official … Continue Reading

WIPO’s Brands Report Released

WIPO has released its latest global intellectual property report, with a focus on branding activities of organisations in the global marketplace. The report’s title is Brands: Reputation and Image in the Global Marketplace and provides new information about how global companies use their brands. For legal practitioners, in-house counsel and employees working in the branding space, it … Continue Reading
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