Home > Legal Opinions tagged advertising

  • 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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  • ASA gets hot and bothered over latest Pam Anderson ad

    Nina Best

    The Advertising Standards Authority (ASA) has today banned an advert featuring actress and model Pamela Anderson for ‘depicting women as sexual objects to be lusted after’. The advertising watchdog upheld complaints about the advert for Crazy Domains.co.uk, a domain name registrar and web hosting provider owned by Dreamscape Networks Ltd, because it ‘gave the impression […]

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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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  • American Apparel reminded not to sexualise young models

    Nina Best

    The Advertising Standards Authority (ASA) has upheld a complaint that images on American Apparel’s website were irresponsible and offensive. The ASA said the model used on the site looked under the age of 16. Whilst it acknowledged that the poses were not overtly sexual, it considered the images could be seen to sexualise a model […]

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  • Advertising watchdog shoots down Call of Duty ad

    Nina Best

    The Advertising Standards Authority (ASA) has upheld a complaint against an advert for video game Call of Duty: Modern Warfare 3. The advert contained scenes of major world cities under military assault with buildings ablaze, soldiers loading guns and tanks driving down streets. Viewers complained that the advert, which was broadcast at 2:30pm during a […]

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  • Watchdog issues Nike red card over Rooney tweet

    Nina Best

    The Advertising Standards Authority (ASA) has today wrapped Nike for tweets that used the official Twitter account of footballer Wayne Rooney to promote its Make it Count campaign. The tweet “My resolution – to start the year as a champion, and finish it as a champion” sat above the hash tag and link “#makeitcount gonike.me/makeitcount”. […]

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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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  • Citroën ad banned by watchdog for causing epileptic seizures

    Nina Best

    The Advertising Standards Authority has today banned an advert by French car maker Citroën for its DS4 model after it triggered seizures in a number of viewers who suffer from photo-sensitive epilepsy. The TV advert which was seen on Sky, Watch, ITV, Quest and UK Gold featured scenes in rapid succession culminating in 304 alternating […]

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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

    Fiona Carter

    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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  • Interflora and Marks & Spencer keyword battle

    Sara McNeill

    The European Court of Justice (ECJ) has given its preliminary ruling on the the questions referred to it by MR Justice Arnold concerning the use of a competitor’s trade mark as a keyword. The ECJ ruled (amongst other points): a trade mark proprietor can prevent a competitor from using a keyword identical to their own […]

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  • Heineken avoid censorship

    Nina Best

    The advertising watchdog has today (21 September 2011) ruled that a Heineken ad showing a smartly dressed man wandering through a party, performing various tricks and being admired by women, did not breach advertising rules on social responsibility and alcohol. Complainants challenged the ad on the basis that it implied alcohol could enhance personal qualities […]

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  • Tesco wrapped for misleading bangers ad

    Nina Best

    Today, Tesco has been told that its advert for its own brand Butcher’s Choice Sausages must no longer be broadcast in its current form. The ad showed pigs roaming in a field and walking freely in a barn. Complaint was made that this was misleading because it implied that the pigs were reared in an […]

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  • If you get the timing right, the gods will be with you

    Nina Best

    Phones 4 U thought that Thursday 21 April was just the same as every other Thursday. However, it was Holy Thursday. On this day, Phones 4 U placed an ad in the Metro newspaper which depicted a cartoon of Jesus, grinning, winking, and giving the thumbs up under the text ‘Miraculous deals on Samsung Galaxy […]

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