Home > Legal Opinions tagged ASA

  • ASA backs charity over clarity in child sponsorship advert

    Laura Mackenzie-Mitchell

    The Advertising Standards Authority has confirmed that Plan International UK, a global children’s charity, had not misled the public as to where their sponsorship monies would be sent. Charities cannot, in their advertising, misrepresent their activities or the benefits of donated funds, and ads must not materially mislead. An individual challenged whether Plan’s TV ad […]

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  • trying to cover up women in advertising – learning from Protein World

    Jude King

    It’s apt that on the hottest day of the year so far the ASA has published a ruling that Protein World’s infamous ‘Beach Body Ready’ advert was not offensive or socially irresponsible. Despite receiving 378 complaints, the ASA’s decision is a sensible answer to wrongful cries of sexism every time images of woman with flesh […]

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  • Advertising Standards Authority streamlines complaints process

    Jude King

    The Advertising Standards Authority (ASA) has announced that, in the majority of cases, it will now limit its investigations process to deal with only the three main points of complaint about an advert. This announcement follows the ASA’s recently published prioritisation principles, in which it pledges to use appropriate resources that are proportionate to the […]

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  • 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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  • BSkyB offer was not the “best ever” – and is pulled

    Alex Watt

    The Advertising Standards Authority (ASA) has today announced that it has upheld a complaint against a BSkyB press advertisement, which claimed that the broadband bundles Sky was offering were the “best ever”. The advertisement in question included text at the top right-hand corner, which stated explicitly “Our BEST EVER broadband offer”. However, when a complainant […]

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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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  • 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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  • ASA rules that paid-for content must be obviously “paid-for” online

    Susie Orton

    The Advertising Standard Authority (ASA) have ruled on the 18th June 2014 that paid-for content recommendations often found at the foot of articles which contain the same look and feel as the website – should be more clearly identified as marketing communications to avoid being misleading. The ad complained of was placed by Outbrain and […]

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  • ASA agree it is possible to trade on reputation of defunct company

    Laura Mackenzie-Mitchell

    The ASA has rejected a complaint that Abacus Lighting Ltd was misleading as to their reputation and history when claims made on their website – to ‘extensive experience and a proven track record’ and  a ‘hard earned reputation’ dating back ‘over 55 years’  – related to previous companies that had gone into administration. The original […]

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  • one step beyond – Sainsbury takes ASA to judicial review

    Oliver Sweeney

    Sainsburys says that the Advertising Standards Authority were wrong to reject its recent complaint about the Tesco Price Promise – and they are so aggrieved that they have requested judicial review of the ASA’s decision. In particular, Sainsbury’s say that the Price Promise campaign fails to take into account significant differences when it is comparing […]

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  • Sky Broadband’s Bruce Willis ad pays ultimate price for misleading...

    Oliver Sweeney

    The Advertising Standards Authority (ASA) has banned an advert for Sky broadband featuring Hollywood film star Bruce Willis for misleading the public over pricing. The ASA ruled that the additional minimum monthly price of both Sky TV and line rental should have been more clearly communicated together with the £7.50 price claim. Sky pointed out […]

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  • Watch out for the ASA’s ‘big five’

    Oliver Sweeney

    On 30 April 2013, the Advertising Standards Authority (‘ASA’) published its annual report. This for the first time set out its ‘big five’ regulatory priorities it aims to tackle in the coming year: ‘free trials’ that actually cost daily deals misleading pricing misleading testimonials; and misleading health claims. The report reveals that 70% of cases […]

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