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Finnair’s Eco Ad Has Its Wings Clipped

This post was also written by Alun J. Jones. On January 6, 2010, the UK’s advertising watchdog, the Advertising Standards Authority (the ASA), issued a decision upholding complaints it received against a poster that promoted the Finnish airline, Finnair. The poster featured an image of an Airbus flying above Finland’s coastline and stated, “Be eco-smart. Choose … Continue Reading

Arms’ War in Italy: Aggressive Marketers Versus Privacy Watchdog

This post was written by Avv. Felix Hofer, and first appeared in Volume V of the Gala Gazette. 1. Implementing both, EU Directive 2002/58/EC of July 12th, 2002 (Directive on privacy and electronic communications) as well as Directive 2000/31/EC of June 8th, 2000 (Directive on electronic commerce) the Italian legislator decided that unsolicited commercial communication … Continue Reading

Advertising and Online Music: An Overview

This post was written by Laura Hicks. This article was previously published in Media & Marketing Online. It is no secret that the consumer habits for accessing and consuming music are changing incredibly quickly. In December 2009, radio audience measurement body Rajar revealed that 4.5 million people in the UK regularly use personalised online radio … Continue Reading

Advertising Fake Drugs May Result in Criminal Liabilities in China

This post was written by Michael Dardzinski. The Supreme People’s Court and Supreme People’s Procuratorate on May 27, 2009 jointly issued “Interpretations on Several Issues Regarding the Application of Law on Criminal Cases Concerning the Production and/or Sale of Fake and Substandard Drugs” (“Interpretations”) to address the serious crimes of manufacturing and selling counterfeit and/or … Continue Reading

(In)Game Advertising: The European Perspective on Related Legal Problems

This post was written by Avv. Felix Hofer. 1. When I came around ‘game advertising’ for the first time my attitude as a lawyer, not necessarily familiar with what I – snobbishly – considered as basically being “kid’s or nerds’ stuff”, was obviously extremely skeptic. Running more and more frequently into articles published on the topic, … Continue Reading

Italy: The Use of a Person’s Image

This post was written by Avv. Felix Hofer. 1. The general principle is that the use of a person’s image without his/her consent is basically prohibited (this even more if such use is performed for marketing or – in general – commercial purposes). In Italy the right on a person’s image is governed both by … Continue Reading

The Pirate Bay trial – the Swedish verdict

This post was written by Gregor Pryor and Elisabeth Hoffnell. On 17 April 2009, the four men behind the popular Pirate Bay website were found guilty of copyright infringement and sentenced to one year imprisonment and payment of a fine of SEK 30 million (£2.4 million). The defendants include the site’s operators Fredik Neij, Gottfrid … Continue Reading

Israel’s Anti-Spam Legislation with a Kick – This Could Cost You!!

This post was written by Benjamin Waltuch, Adv. Worldwide Anti-Spam legislation is now more than six years old. However, the amount of spam that we all receive daily continues to grow despite the installation of spam blocking software. The Israeli Knesset has approved an “Opt-In” anti spam statute in its communication law which was modeled after … Continue Reading

Ofcom delivers blow to Domino’s Pizza’s sponsorship of “The Simpsons”

This post was also written by Milan Joshi. Sky One, a UK satellite channel that broadcasts “The Simpsons,” has been told that the sponsorship of the programme by Domino’s Pizza, a leading UK pizza delivery company, breaches sponsorship rules, despite the fact that no products that were high in fat, salt or sugar (HFSS) were … Continue Reading

Canadian Government Bans BPA Baby Bottles

The Canadian government has announced it will ban the use of bisphenol A (BPA) in baby bottles, becoming the first government worldwide to take such action. The government immediately will begin drafting regulations to ban the importation, sale and advertising of baby bottles that contain the controversial chemical. The government’s confirmation of the BPA baby … Continue Reading

Halloween Candy Recall Cites Melamine Contamination Risk

The melamine nightmare appears to have arrived in North American in time for Halloween. The Canadian government has issued a recall of Pirate’s Gold Milk Chocolate Coins, distributed by Sherwood Brands and sold by Costco. The U.S. Consumer Product Safety Commission has issued no similar recall. “This product is being recalled due to positive test … Continue Reading

Children TV food ad restrictions not working, UK consumer body claims

This post was written by Carolyn E. Pepper and Tina Sany-Davies. OFCOM, the UK media regulator, published rules regarding advertising food and drink products to children. A consumer watchdog in the UK, Which?, has said that the rules, which aim to curb advertising foods assessed as high in fat, salt and sugar (“HFSS”) to children, … Continue Reading

Environmental Marketing in Europe

This forum was written by Avv. Felix Hofer. 1. The European Approach 1.1. Up till now the Europe Union did not issue a set of harmonizing principles and rules meant to specifically govern ‘environmental/green marketing’. The main reason for such approach was not disinterest from the EU’s institutional bodies towards the issue, but probably the … Continue Reading

Global Response to Chinese Tainted Milk Products

Concerns over Chinese exports again dominated the headlines following reports that four infants in China had died from formula made with milk contaminated with melamine. Some 53,000 children were sickened by contaminated milk products. Melamine is the same chemical that earlier was found to have been mixed with pet foods linked with thousands of pet … Continue Reading

France Says ‘Non’ To Marketing of Kiddie TV

France’s broadcast authority has forbidden French channels from promoting television shows aimed at children under 3 years old. In addition, cable operators that air foreign channels with programming for babies are required to broadcast warnings stating: “Watching television can slow the development of children under 3, even when it involves channels aimed specifically at them.” … Continue Reading
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