Archives: Regulatory – UK

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For Media Transparency, The Stars Are Starting to Align in the United Kingdom

UK-based media agency, the7stars, recently announced it would adopt the Incorporated Society of British Advertisers’ (ISBA) template agency agreement—an arrangement designed to foster a transparent relationship between advertisers and media buying agencies. Since K2 Intelligence released its report on the U.S. media buying industry in June—a report which detailed non-transparent business practices employed by media … Continue Reading

Advocate General (EU) Concludes Hyperlinking to Unauthorized Content Does Not Constitute Copyright

The Advocate General of the Court of Justice of the EU (CJEU) has stated in a legal opinion that posting a link to a website that contains “freely accessible” copyright infringing content should not itself amount to copyright infringement. Fore more on this important development, please read the following Reed Smith client alert: https://www.reedsmith.com/Hyperlinking-to-unauthorised-content-does-not-itself-constitute-copyright-infringement-says-Advocate-General-04-25-2016/… Continue Reading

Gambling Companies Hit a Triple Bogey

Gambling companies Hillside (UK Sports) LP t/a Bet365 (“Bet365“), Coral Interactive (Gibraltar) Ltd (“Coral“) and Petfre (Gibraltar) Ltd (“Totesport”) were recently challenged by the UK advertising regulator, Advertising Standards Authority on using images of Jordan Spieth, US Open champion, on their Twitter feeds to promote betting. Under the UK non-broadcast advertising industry code (the CAP … Continue Reading

Software Comparison Site Feels the Crunch of the UK Regulator

A UK website offering reviews of accounting software that was operated by TheAccountancyPartnership.com Ltd t/a Pandle (“Pandle”) was recently challenged by Crunch Accounting Ltd (“Crunch”) on purported misleading advertising and unfair comparisons with identifiable competitors. Crunch complained to the UK advertising regulator, the Advertising Standards Authority (the “ASA”) (see: www.asa.org.uk). Crunch contested that www.accountingreviews.co.uk was … Continue Reading

CAP reignites e-cigarette debate by relaxing rules on television advertising

Last week the Committee of Advertising Practice (CAP) announced relaxed regulations for advertising e-cigarettes through television broadcasting. From November, advertisers will be able to show their e-cigarette products on television having previously been banned from doing so. The introduction of the new rules has largely been welcomed with many finding previous rules unclear and inconsistent. … Continue Reading

International Food and Beverage Alliance agrees new restrictions on advertising to children

The International Food and Beverage Alliance (IFBA) has delivered an open letter to the World Health Organisation (WHO), voluntarily pledging to cease marketing unhealthy food to children by 2016. The IFBA’s members include some of the world’s largest food and drink companies including PepsiCo, Nestle, Kellogg and Unilever. The restriction is based upon a set … Continue Reading

ASA bans two more American Apparel ads

The ASA has banned two ads displayed by US clothes retailer, American Apparel, which it says are “offensive and irresponsible” and in breach of CAP Code rules 1.3 (responsible advertising), 4.1 (harm and offence) and 5.1 (children). This latest adjudication is the sixth time in just the last two and a half years that the … Continue Reading

New focus for the ASA

The ASA has a new strategy for regulating ads, meaning it won’t always wait for complaints before acting against an offending brand. While the ASA has always had the power to take action itself without having to receive complaints, it’s clear that the regulator is now planning on taking a more proactive approach to enforcement. … Continue Reading

ASA Stubs Out Another e-Cigarette Ad

The ASA upheld a decision today concerning a campaign for e-cigarettes brand “Leolites” featuring the slogan: “E-CIGARETTES HAVE EVOLVED. LEOLITES.COM. LOVE YOUR LUNGS.” The ASA considered that this slogan would likely be viewed by consumers to be a positive health claim, and judged it to be misleading. The brand owner contested this, and held that … Continue Reading

ASA Withdraws Pistorius Ad: Joke’s On You, Paddy Power

 Last week, the ASA ordered Paddy Power to remove a newspaper ad offering "money back" on bets if Oscar Pistorius is found not guilty of murder. The ad showed a photograph of the South African Paralympian superimposed on a statue of an Oscar award, with the words: "It’s Oscar Time. Money back if he walks. We … Continue Reading

Non! – ASA Bans Kronenbourg Ad For Over-Emphasising French Connection

Kronenbourg’s advertising campaign starring French footballing icon Eric Cantona has been banned. The ASA investigated two separate ads for the same campaign; a TV ad and a print ad. The TV ad explained how French men were lauded like “British footballers” for growing the French sourced Strisselpalt Hop, a key ingredient of Kronenbourg. The print … Continue Reading

Botox Ads Frozen By The ASA

Following a complaint from the Independent Healthcare Advisory Service, the ASA has banned botox ads by Dermaskin and HB Health of Knightsbridge. The websites of each advertiser promoted the use of botox, stating it has the ability to make users appear younger and it leads to "astonishing results". The ASA has ruled that such language is inappropriate … Continue Reading

Lucozade Sport Ad Fuels Complaints

The ASA has this week upheld the 63 complaints it received about an ad for Lucozade Sport, featuring professional rugby player Gareth Bale. The ad featured two groups of men running on treadmills, the water drinking group gradually dropping out of the activity whilst the Lucozade Sport drinking group continuing to run. The tagline boasted … Continue Reading

ASA Administers First Aid Ad Ban

In a rare move, the ASA overturned at the end of last year its previous decision to reject a complaint about the accuracy of data used in a St John Ambulance ad, and has banned the ad in its current form, after an independent review. The ad (watch it here) was the 10th most complained … Continue Reading

Hard-Hitting RSPCA Ad Exterminated by ASA

The ASA has this week upheld complaints against an RSPCA ad that suggested badgers in cull areas would be "exterminated". The poster showed a picture of a badger, a bullet and a vaccination needle, asking: "Vaccinate or exterminate?" The ad’s text stated "The UK Government wants to shoot England’s badgers. We want to vaccinate them … Continue Reading

Fuel For Thought – CAP To Clean Up E-Car Ads

Following an upsurge in the number of electric and hybrid vehicles, an increasing competitiveness in the market, and a corresponding increase in the number of complaints regarding the marketing of such vehicles, CAP has released a message of advice for advertisers of electric and hybrid vehicles. The ASA reported that complaints received related to “the claimed … Continue Reading

ICO Adopts Enforcement Action Plan

The UK data protection watchdog, the Information Commissioner’s Office (ICO), has published its long-awaited guidance on the factors it will take into account when considering whether to initiate enforcement action for data protection breaches and what form any such action should take. Its Data Protection Regulatory Action Policy, comes in the wake of yet another serious data breach by a … Continue Reading

Love It Or Hate It: Using Animals in Advertising

Controversy arose again this week over the use of animals in advertising. The British public is famously protective of its furry friends, and the ASA often receives large numbers of complaints over the depiction of animals in ads, especially where there is any suggestion of possible mistreatment. One of the most complained about ads of … Continue Reading

ASA Ruling Concerning Payday Loans Is Of High Interest

 The ASA has banned yet another advertisement for payday loans. Financial (UK) Ltd (trading as ‘FirstPayDayLoanUk’) was held by the ASA to have breached a number rules contained in the CAP Code by sending text messages to consumers, such as: "Hi Mate hows u? I’m still out in town, just got £850 in my account … Continue Reading

ASA Supports The Mother Of All Christmas Ads

During the 2012 Christmas season, ASDA and Morrisons ran ads depicting mothers running errands, bustling around kitchens, preparing food, wrapping presents and attending Christmas plays. Complaints were made to the ASA on the basis that they were offensive and sexist because they reinforced outdated stereotypes of men and women in the home. Morrisons responded to … Continue Reading
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