At the end of March the European Commission issued a “Notice to Stakeholders. Withdrawal of the United Kingdom and EU Rules in the Field of Copyright.” It is a helpful but notably incomplete summary of the legal repercussions of Brexit on copyright law in the UK and EU. In what ways is the Notice incomplete? … Continue Reading
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
The Advertising Standards Authority (ASA) has ruled that Three’s Muppet-themed ad, featuring a character victoriously punching into the air, which claimed that the mobile company was the ‘undisputed’ market leader in terms of network reliability, can no longer be shown in its current form. In addition to a complaint made by a member of the … Continue Reading
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 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
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
On May 1, 2015, the Committee of Advertising Practice (CAP) released a set of amended Sales Promotional Rules contained in Section 8 of the CAP Code. This follows a public consultation aimed at amending a number of rules to bring them up to date with the current consumer protection landscape. For a list of key … Continue Reading
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
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
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
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
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
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
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
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
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
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
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
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
The ASA has chosen not to investigate a recent Red Bull ad which purportedly makes light of the sinking of the Titanic, despite the ad receiving nearly 150 complaints. The television ad in question sees a crate of the energy drink being lifted onto an unspecified ocean liner. The captain questions the need for the … Continue Reading
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
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
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
The ASA has upheld a complaint concerning a Christmas card which was offered for sale through the Amazon market place by the seller named smellyourmum.com. The front of the card contained wording incorporating a strong expletive which, although partly obscured using an asterisk, the ASA considered was likely to cause serious and widespread offence in … Continue Reading
