Advertising & Marketing

Welcome to the home of advertising & marketing on Law-Now.

You can access articles and publications for a range of specialist products, including cosmetics and healthcare goods, food and drink and electronic goods. Updates cover a range of subjects, including promotions; sponsorship, media buying, disputes and brand protection.

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Recent Articles

  •  
    30.05.2023
    United Kingdom

    Gambling White Pa­per: On­line Pro­tec­tions – stake lim­its, design stand­ards, single cus­tom­er view, and much more

    Accompanying its proposals in respect of affordability checks in the White Paper (on which we will shortly be publishing a dedicated article), the Government has set out a raft of additional “online protection” initiatives designed to better protect customers when gambling online. The proposed protections are all built on the assumptions that there are not only aspects of online gambling - such as 24/7 accessibility and lack of human supervision - that pose particular risks for customers, but also that the online environment provides opportunities to ensure safer gambling. As the Government...
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  •  
    18.05.2023
    United Kingdom

    A Dia­mond An­niversary: The ASA 2022 An­nu­al Re­port out­lines key pri­or­it­ies after 60 years of reg­u­la­tion

    The Advertising Standards Authority has published its 2022 annual report celebrating 60 years of ASA ad regulation. The report sets out the ways in which the ASA system has changed and evolved over time in response to societal concerns. It focuses on the ASA’s current goals and recent initiatives, including its work using AI and machine learning for proactive regulation and tackling issues including greenwashing, cryptocurrency ads and protecting children from being targeted by age-restricted ads.In 2022 31,227 ads were amended or withdrawn following ASA intervention. This is a significant...
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  •  
    27.04.2023
    United Kingdom

    Up­held: The strong ap­peal of “star” foot­ballers

    On 19 April 2023, the Advertising Standards Authority (“ASA”) issued a ruling against BetVictor for featuring two professional footballers deemed to have a strong appeal to under-18s in a paid-for Facebook ad. This ruling is the second to be upheld in respect of the new gambling advertising rules which came into force in October 2022, which strengthened obligations on gambling operators to ensure the content of their ads is not appealing to under 18s. This adds to the ASA’s rulings in respect of football players (following ads for Paddy Power and SkyBet which were not upheld earlier...
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  •  
    27.04.2023
    England and Wales

    Big facts, no fig­ures – ‘weight man­age­ment’ food sup­ple­ment ad gets a grilling from the ASA

    In a recent ruling, the Advertising Standards Authority (ASA) upheld a complaint relating to ads for ‘FIGUR’ weight management supplements (Premium Health Europe BV t/a Prima, 19 April 2023). The ad promised weight loss of “4 STONE IN 15 DAYS NO DIET & EXERCISE CLINICALLY TESTED 100% NATURAL NO SIDE EFFECTS”. The marketer’s website made further claims of various health benefits, including “better sleep, better mood […] less anxiety”.Too good to be true? The ASA thought so, finding that the ad breached the CAP Code’s strict requirements...
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  •  
    28.03.2023
    Europe

    European Par­lia­ment and Coun­cil ready to start ne­go­ti­ations on EU Data Act – Europe gets closer to ad­opt­ing a data law

    In February 2022 the European Commission presented its proposal for the EU Data Act, which – if adopted - will introduce a far-reaching legal regime on access to and use of non-personal data in the EU and will, similar to the GDPR, be applicable to businesses established outside the EU. The proposed regulation contains a set of rules defining how various forms of data can be used and by whom for purposes across all economic sectors with the aim of creating a new data-agile ecosystem. While the new law will bring new opportunities, it will also create legal challenges for all actors in the...
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  •  
    06.03.2023
    Poland

    Gre­en­wash­ing - new guidelines and first pro­ceed­ings

    PL
    Promoting products or services using slogans related to their positive environmental impact is becoming an increasingly prominent marketing technique in the public space. International initiatives such as the adoption of the Sustainable Development Goals and climate neutrality policies are among the reasons for the growing popularity of so-called 'green claims'. More and more consumers also expect businesses to pay attention to their company's environmental impact and are taking these claims into account when making purchasing decisions.New marketing strategies can carry the risk of so-called 'greenwashing',...
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