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

  •  
    09/04/2024
    United Kingdom

    Three not-so-ran­dom­ised rulings from the ASA

    On 20 March 2024, the Advertising Standards Authority (“ASA”) upheld complaints against three separate social media ads for online games that failed to disclose the inclusion of loot boxes.All three complaints were made by Leon Y. Xiao, a PHD Fellow at the IT University of Copenhagen, after he published a report in January 2024 which highlighted that 93% of games that contained loot boxes did not disclose these in their social media ads, therefore failing to comply with CAP Guidance on loot boxes.The ASA examined all three ads and upheld that each ad had breached rules 3.1 and 3.3 of...
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  •  
    02/04/2024
    England and Wales

    From Dancing Cows to “The Beast”: do these gambling ads appeal to young people?

    Introduction:On 1st October 2022, the Advertising Standards Authority (the “ASA”) introduced a new gambling advertising rule (a summary of which can be read here) which strengthened the obligations on gambling operators to ensure the content of their advertisements (“ads”) does not appeal to under 18s. At the time, questions were raised as to what would constitute a “strong appeal”, but a number of rulings since the rule was introduced have provided useful insight into what is likely to fall within scope according to ASA.The ASA has previously upheld rulings...
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  •  
    28/03/2024
    United Kingdom

    FCA Publishes Finalised Guidance on Financial Promotions on Social Media

    The Financial Conduct Authority (“FCA”) has published its finalised guidance on financial promotions on social media (FG24/1) (the “Guidance”). This follows a consultation carried out by the FCA in July 2023 and replaces previous guidance (FG15/4). The Guidance clarifies the FCA’s regulatory expectations for firms and others, including influencers, regarding compliance with the UK’s financial promotions regime. Additionally, it explains how communications on social media might fall within the scope of the financial promotions regime and how the rules will function...
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  •  
    28/03/2024
    England and Wales

    ASA wipes out cleaning ad showing harmful gender stereotypes

    The Advertising Standards Authority (the “ASA”) upheld a complaint against John Mills Ltd t/a JML Direct for their advertising of the Hurricane Spin Scrubber, as it presented gender stereotypes likely to cause harm.The Advertisement:The TV advertisement (the “ad”) for JML's Hurricane Spin Scrubber, aired on 7 January 2024, featured women using the cleaning tool in various household areas. The women shared their positive experiences with the scrubber, one of them mentioning gifting it to her mother. The ad featured both a male and female host, with the male host explaining...
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  •  
    22/03/2024
    England and Wales

    A bit of a turkey: ASA rules against Aldi’s “Cheapest Christmas Dinner” ad

    The ASA has made a significant ruling against Aldi in relation to a “basket of goods” comparison in which Aldi claimed to have “Britain’s cheapest Christmas dinner”. The ASA found that the claim was misleading for a number of reasons, notably because competitor prices checked in a normal trading period in November are not reflective of actual prices in the fast-moving, heavy-discounting run-up to Christmas. The ruling will have a significant impact on ads promoting products for a specific upcoming event by way of competitor price comparisons. It also casts significant...
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  •  
    21/03/2024
    United Kingdom

    Proposed UK consumer legislation now clamps down on drip pricing and fake reviews

    The draft Digital Markets, Competition and Consumers Bill (the “DMCC Bill”) has recently been amended (on 13 March 2024) following the Report stage in the House of Lords to include measures that prohibit drip pricing and address fake and misleading reviews. The 3rd reading in the House of Lords will take place from 26 March 2024. The updated DMCC Bill now includes prohibitions on drip pricing, a practice that involves adding unavoidable hidden fees to the advertised price of a product or service. As the Government notes, drip pricing can mean consumers are ‘baited’...
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