Archives: Self-Regulation

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Commissioner Brill Introduces Competition Analysis to Privacy Debate

FTC Commissioner Julie Brill stated today that “there may be a tipping point” at which self-regulatory privacy initiatives “turn[] anticompetitive, particularly in cases where the mechanisms are developed by a trade association or industry players that have a dominant market position.” A self-regulatory privacy proposal could raise “competition concerns,” she said, if it “disadvantages competitors … Continue Reading

The UK and the USA — A Special Relationship

As President Obama visited Ireland and England this week enroute to the G8 meeting in France, much was said about the “special relationship” between the United States and England. Coincidentally, I happened to be in our London office participating in one of the firm’s Consumer Goods and Brands Group Breakfast Seminar Series. The topic was … Continue Reading

New Principles for Food Marketing Presented for Comment

This post was written by John P. Feldman and Michael L. Sacks. The Interagency Working Group of Food Marketed to Children (“Working Group”) today has requested comments on proposed nutritional principles that it hopes will help in the fight against childhood obesity. The Working Group, established in 2009 by the FTC, FDA, CDC, and USDA at … Continue Reading

CARU Gets a Emmy Nomination

The role of self-regulation is partially educational. Wayne Keeley’s CARU has demonstrated once again why the self-regulatory body he heads up is relevant and focused on ensuring that the educational mission is not lost in the day-to-day cases they hear. CARU has produced a Public Service Campaign entitled “Do You Know Where Your Children Are…On … Continue Reading

The Industry Speaks Out – Developments Within the Digital Advertising Alliance

This post was written by Edgar Hidalgo. The online behavioral advertising sector received a rude awakening at the end of 2010 from unsatisfied federal regulators. Both the Federal Trade Commission and the Department of Commerce published reports espousing increased regulation of online behavioral advertising – the former report encouraging Congress to consider a “Do Not Track” … Continue Reading

Waitrose caught telling porkies?

Completely free-range pork? Pigs might fly, according to the ASA. Waitrose is the only major supermarket never to have its advertising fall foul of the Advertising Codes until its recent high-profile celebrity-endorsed advertising campaign which has been dealt a rather embarrassing blow. The £10m campaign fronted by Delia Smith and Heston Blumenthal, aims to reinforce Waitrose’s brand image as … Continue Reading

Letter from the President of the Council of Better Business Bureaus — Self-Regulation of Behavior Advertising

Dear Corporate Partners, As the Internet and the advertising practices that increasingly support online content continue to evolve, a group of the nation’s largest media and marketing trade associations in conjunction with the Council of Better Business Bureaus (CBBB) have been working to develop enhanced industry self-regulation in ways that will foster transparency, knowledge and … Continue Reading

Virgin in Champagne Bath Scandal

A Virgin Holidays poster advertising their “Travel Guru Services” was recently found by the ASA to be in breach of the CAP Code in relation to alcohol used in advertising. The ad depicts four rockstars in a jacuzzi full of champagne, with various bottles and glasses surrounding them and a female Virgin Holidays employee pouring … Continue Reading

Luxury Brand Protection? Stella McCartney v. the Sanitary Towel

 Advertisers have been given the green light to continue to use the name of products they give away as prizes in promotions, without needing the permission of the brand/product owner, following a recent controversial adjudication by the ASA. The ASA disagreed and found in favour of Bodyform in all respects. Clauses 7.1 (Truthfulness),14.7 (Testimonials and … Continue Reading

Saucy Ice Cream Ads Once Again Frozen by the ASA

In the same week that the Pope visited the UK, the ASA banned an ad it deemed could be offensive to some Roman Catholics.  The ad, for Antonio Federici ice-cream, which ran in Grazia and The Lady magazines  earlier this year, featured an obviously pregnant nun eating Antonio Federici ice-cream alongside the words “Immaculately conceived”. The strap … Continue Reading

Asda loses a battle in the “Supermarket Wars”

A double page comparative ad which Asda ran in January 2010 was found to be ambiguous and misleading by the ASA in a recent adjudication since it breached clauses 7.1 and 7.2 (Truthfulness), 18.1 and 18.3 (Comparisons with identified competitors and or their products) and 19.1 (Other Comparisons) of the CAP Code. The ad featured the statement that Asda … Continue Reading

Regulation Spreads to Advertisements on Corporate Websites and Social Networking Sites

The Advertising Standards Authority, ASA, announced on the 1st September 2010 an extension of its regulatory remit, from March 2011, which will give the Regulator jurisdiction over all marketing communications on the Internet including those on corporate websites and social media networks such as Twitter and Facebook, as well as over advergames and user generated content. … Continue Reading

Government passes the buck to industry to deal with obesity crisis

The new Health Secretary under the coalition government, Andrew Lansley, has recently announced the axing of the previous government’s £75 million advertising campaign to promote healthy living, which was introduced in an attempt to reduce the record levels of obesity in the UK. As Mark Sweney from the Guardian notes, the new administration is instead encouraging … Continue Reading

Happy Days? Making Health Claims in Advertisements

Several ASA adjudications in recent months have highlighted the difficulties for advertisers in making any health claims about their products. The ASA have come down hard on those that fall foul of the CAP and BCAP Codes which require that, in relation specifically to health claims, advertisers must have evidentiary substantiation of any health claims made in advertisements, by … Continue Reading

Sorry Starbucks, the ASA agrees with Costa

In the battle of the coffee chains, Costa has edged one step ahead of its biggest rival, Starbucks. The ASA has dismissed complaints from Starbucks over a series of press and outdoor ads run by Costa stating that coffee lovers preferred Costa to Starbucks. The ads, featuring body copy such as “Sorry Starbucks: the people … Continue Reading

TV Ad for Post-Conception Advice Service Sparks Controversy

An advertisement by Marie Stopes International aired on 24 May, has sparked controversy and fierce resistance from “pro-life” and religious groups and already generated more than 370 complaints within the first week after the broadcast. Marie Stopes is a provider of “clear, non-judgmental information” on post-conception advice services, and this will be the first advertisement of its kind … Continue Reading

Déjà Google

Give Google credit that when it announced its acquisition of AdMob, a leading provider of mobile advertising services and technology, in November 2009, it proactively addressed the likelihood of a Federal Trade Commission (FTC) investigation into the transaction. Google even went as far as posting a web page that the media, regulators and other interested parties … Continue Reading

Maine Introduces COPPA Extension Bill

Last year, the Maine Legislature adopted 10 MRSA c. 1055, which, among other things, attempted to extend COPPA-like protection to all minors (that is, children under the age of 18). The law was plagued by a number of issues, including questions regarding its constitutionality, and ultimately caused the Maine attorney general to promise not to … Continue Reading

Are self-regulatory ad guidelines sufficient to satisfy federal regulators?

Reprinted with permission from Mobile Marketer at http://www.mobilemarketer.com. Earlier last month the leading media, advertising and marketing trade associations, including the American Association of Advertising Agencies, Association of National Advertisers, Interactive Advertising Bureau, Direct Marketing Association and the Better Business Bureau, representing an overwhelming majority of industry participants, released their Self-Regulatory Principles for Online Behavioral … Continue Reading

NAD Challenger’s Fees Go Up for Non-BBB Members

The National Advertising Division (NAD) of the Council of Better Business Bureaus (CBBB) is the premier self-regulatory body for advertising cases in the United States. It handles the majority of contested false advertising cases every year, compared with actions brought under the Lanham Act. In fact, in 2008, the NAD handled 214 cases, including 84 challenges by … Continue Reading

Be a Good Sport!

As anyone who has been through a case at the National Advertising Division (“NAD”) can tell you, bragging’s not allowed. One of the cardinal rules in self-regulation is that you cannot use an NAD decision for advertising purposes. What if you just send the decision around to, say, customers of the competitor you challenged? You … Continue Reading

Skechers Seeing Red Over CARU Decision

The Children’s Advertising Review Unit (CARU) determined recently that Skechers, the maker of Red Phrans-Phavorite Sneakers, and Marc Ecko Enterprises, which markets the product, should modify or discontinue advertising that suggests the shoes shine red when used. CARU picked up the ad during its monitoring practices, as it aired during after-school hours on Nickelodeon. Vanessa … Continue Reading

What Do We Have to Look Forward to in 2009

It’s a new year, and change is in the air. Although the holidays are over, some groups in Washington are hanging on to their wish lists with the hopes that President Obama will grant their desires. Over the past few months, Obama has sent agency review teams into dozens of government offices, ranging from the Pentagon … Continue Reading
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