Home > Legal Opinions tagged advertising

  • sexually explicit? an ASA ruling finds that it depends on your pos...

    Alex Watt

    The ASA has today dismissed two complaints relating to an advert for the Tom Ford perfume Black Orchid, on a poster in Brick Lane, London. The ad features Cara Delevingne lying naked on her side, semi-immersed in water, with the side of her breast and buttock exposed. Two complaints were lodged alleging the ad was […]

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  • Diageo promotes ‘craft’ over ‘consumption’ to survive ASA complaint

    Alex Watt

    The Guinness brand is known for its iconic advertisements, although regulations today preclude the use of famous slogans of yesteryear such as “Guinness is Good For You”. As with all alcohol brands, Guinness’s advertising is now careful to ensure that it promotes the brand, whilst not promoting the excessive consumption of alcohol. A recent social […]

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  • swearing in advertising

    Alex Watt

    **Contains strong language** The Committees of Advertising Practice have published a short report on swearing in ads. The report underlines the importance of an advert’s context, medium, audience and product, as understood within the standards set by the Code under section 4.1. One of their examples was a complaint raised regarding a Booking.com ad, which […]

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  • Superdrug warned: don’t advertise prescription-only medicines

    Alex Watt

    The ASA have this week published an upheld complaint against Superdrug Stores plc, reminding them that their future advertising should not directly or indirectly promote prescription-only medicines (‘POM’). In this instance, the wording of the ad (‘Up To 76% Cheaper Than Competitors’) focussed on the purchase of a POM rather than a wider focus on […]

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  • ASA meeting ODPS co-regulation Designation requirements

    John Swani

    The ASA, together with Ofcom, co-regulates on-demand programme services (ODPS) subject to the ASA meeting Designation requirements defined under s.368A(1) Communications Act 2003. In a report published this week, Ofcom confirmed the ASA is meeting the Designation requirements, a view supported by report contributors Channel 4, UTV and Clearcast. The Designation has been amended, removing […]

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  • app providers respond to ASA rulings on freemium apps

    Paula Dumbill

    Over the last 24 hours the App Store has responded to ASA rulings on misleading ads by making apps that were previously offered as ‘free to play’ now accessible via a ‘get’ option. Also, the words ‘offers in-app purchases’ are clearly positioned at the ad offer stage. In July this year the ASA ruled that […]

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  • ASA bans promotion by The Sun to win a date with a page 3 model

    Jude King

    The Advertising Standards Authority (ASA) has today announced that it has upheld a complaint against News UK for a fantasy football advertisement in The Sun newspaper. The advertisement in question was a promotion for The Sun’s Dream Team fantasy football competition, in which fantasy football participants could enter into a prize draw to win a […]

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  • Police to place anti-piracy warning ads on illegal sites

    Alex Watt

    BBC news reports reports that the City of London Police Intellectual Property Crime Unit (PIPCU) are intending to place banner adverts on websites offering content that is believed to be illegal. The initiative makes use of technology provided by Project Sunblock, swapping paid-for advertising with warnings about piracy asking users to close their browser; “When […]

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  • advertising standards agency ruling may hit app industry hard

    Paula Dumbill

    The ASA has ruled that an email advertising the Electronic Arts Ltd app ‘Dungeon Keeper’ as free was misleading. Dungeon Keeper is one of many ‘freemium’ apps. The successful freemium business model allows the app to be used, usually in full, for free, but requires the user to pay to remove limitations. A recent study […]

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  • sobering experience for retailer as ASA bans ad

    Fiona Carter

    Today the ASA considered whether a promotion which showed a hip flask with the words “F**K  MY Liver” was irresponsible. The promoter (Urban Outfitters) may have felt secure using “street language” having last year convinced the ASA that “SORT YOU SH!T OUT FOR 2013 WITH NEW AWESOME EVERYTHING” was (considering their 18—25 year old demographic) unlikely to seriously […]

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  • what is half price? Tesco fined for misleading consumers

    Oliver Sweeney

    Tesco Stores Limited (‘Tesco’) has been prosecuted after admitting it misled customers over whether strawberries on sale were genuinely “half price”. The strawberries had been on sale at £3.99 for a week, then £2.99 for a week, then on ‘special offer’ of £1.99 for 14 weeks. Under the pricing practices guide, the length of the […]

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  • A sticky situation – is this Marmite ad offensive?

    Oliver Sweeney

    The advert, first aired during Coronation Street last night, depicts Marmite jars being “rescued” from the backs of cupboards, in a parody of animal welfare patrol action. The ASA has already received 250 complaints, including that the ad is ‘deeply offensive’ as it ‘trivializes’ the work of both animal welfare charities and child protection agencies. […]

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  • Google pulls global trigger on trademark ad use policy!

    Paula Dumbill

    Google has amended its policy enabling advertisers to choose any trademark term to trigger their advert onto consumers’ screens. In 2008 advertisers needed the owner’s permission to use trademark keywords but in 2010 Google amended its policy allowing retailers unconnected with a trademarked brand to use the trademark in AdWords ads provided they had a loose […]

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  • OFT not so keen on Groupon offers

    Oliver Sweeney

    MyCityDeal Ltd, trading as Groupon, has been suffering poor publicity following an investigation by the Office of Fair Trading (OFT). The OFT found breaches of consumer protection rules in multiple activities. A damning comment from the OFT stated concerns about Groupon’s “pricing, advertising, refunds, unfair terms, and the diligence of its interactions with merchants”… In […]

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  • Choc Tweet beats heat as ASA deems new practice A-OK

    Oliver Sweeney

    A decision by the Advertising Standards Authority is set to open the floodgates for advertisers to use celebrity Twitter accounts as a medium. Mars’ use of celebrity Tweets to plug the candy bar ‘Snickers’ to the public caused quite a stir. Mars paid celebrities to Tweet several teasers to develop an intriguing narrative, the culmination […]

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  • Patent rights for social media

    Declan Cushley

    Yahoo!, in a recent meeting with Facebook, has demanded licensing fees for the use of 10-20 of their patents over technologies including advertising, newsfeed privacy controls, social networking and messaging and website personalisation. Following the recent patent wars in the smartphone and tablet sectors, should their demands not be met by Facebook, veteran Yahoo! would […]

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  • It’s all about how you couch it….

    Sara McNeill

    The Advertising Standards Authority (ASA) has banned Sofa King’s regional press ad which included the slogan “The Sofa King – Where the Prices are Sofa King Low!” after receiving three complaints. The ASA held the slogan could be “interpreted as derivative of a particular swear word which consumer research had found to be a word […]

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  • Opportunities for street trading and advertising during the Olympics

    Oliver Sweeney

    This week, the application process opened for permits to advertise, or trade in the street, in the vicinity of the London Olympics. The application process is open until 29 February 2012. Specific Regulations, which prohibit unlicensed advertising or street trading, have now been finalised. The law is wide reaching and can catch, for instance, persons […]

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  • Product Placement Hits Coronation Street

    On 14 November 2011 Coronation Street became the first UK prime time show to feature product placement advertising, following a relaxation of TV product placement rules last February. Contrary to the predicted deluge of brands to be thrust onto viewers’ screens, this first product placement in the ITV soap takes the rather mundane form of […]

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  • Ban on selling cigarettes from vending machines

    Fiona Carter

    On 1 October 2011 a ban came in to force on the sale of tobacco products from vending machines in England. Displays of tobacco advertisements on vending machines are also banned. A person found guilty of selling tobacco from a vending machine will face prosecution, and if convicted in the Magistrates court could be ordered […]

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