Home > Legal Opinions tagged marketing

  • 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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  • 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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  • Park your product here

    Fiona Carter

    Just before Christmas 2010 Ofcom confirmed that as of 28 February 2011, product placement will be permitted in UK TV programmes. Unlike our more relaxed US cousins, as part of the new rules a logo must appear for 3 seconds at the start, the end, and after any advertising breaks within programmes containing product placement. […]

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  • Countdown to the Bribery Act

    Fiona Carter

    With only three months to go before the Bribery Act 2010 comes into force in April the Government has decided that it wants the Act to be reviewed. Unfortunately for UK businesses this does not mean that they can breathe a sigh of relief as an official from the SFO has already said that the […]

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  • Santa clause does not exist!!!

    Fiona Carter

    The ASA has recently reminded us that Santa Claus most definitely does not exist. Or rather, as those keen eyed readers will notice from the title, that a Santa clause does not exist, as part of the Advertising Codes. The ASA has reported that every year at the time of glad tidings, mince pies, carols, […]

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  • Brown paper packaging……

    Dmitrije Sirovica

    The Health Secretary, Andrew Lansley, has reignited considerations to force tobacco companies to sell their products in standard packaging, despite Conservative opposition to similar plans by Labour. Mr Lansley believes ‘glitzy’ packets attracts young people to smoke, and has said ‘the evidence is clear that packaging helps recruit smokers so it makes sense to have […]

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  • Closing the hangar door after the plane has flown?

    Oliver Sweeney

    The ASA has upheld yet another complaint against Ryanair’s pricing claims. Easyjet complained that Ryanair could not substantiate the claim ‘Cheapest way to the Sun‘, and did not make the basis of the implied comparison clear. The ad encouraged consumers to ‘Book now for Summer 2010′. The ASA upheld both complaints. Ryanair’s evidence showed they […]

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  • Ice cream is our religion

    Oliver Sweeney

    On Wednesday the ASA ruled that an advert for Antonio Federici ice cream was offensive to Catholics. The advert depicted a heavily pregnant woman, dressed as a nun, holding a tub of ice cream. The advert’s text said “Immaculately Conceived….” Federici said that their advert was a form of art and self-expression. They felt that […]

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  • ASA to investigate your website

    Oliver Sweeney

    The Advertising Standards Authority (ASA) today announced that it will be extending its remit to cover marketing communications which appear on businesses’ own websites. Previously, the ASA’s online coverage only extended to paid-for adverts. The change will come into force on 1 March 2011. This is a significant change, as it brings a large amount […]

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  • Are fake online reviews hurting your product?

    Oliver Sweeney

    On Friday it was reported that the US FTC has ruled against a firm whose employees, posing as ordinary consumers, posted favourable reviews of its own clients’ iPhone applications. This type of marketing activity is known as “astroturfing.” The firm must now remove all the reviews. In the UK, astroturfing is illegal as it is […]

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  • New ASA rules come into effect this week

    Oliver Sweeney

    The new CAP and BCAP Codes come into effect on 1 September 2010. Changes include: an over-arching “social responsibility” rule for broadcast adverts clearer guidance for both broadcast and non-broadcast on what the ASA will consider are unfairly exaggerated “green” claims rules preventing marketers from collecting data from children under 12 and from exploiting the […]

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  • No anti-junk food laws in exchange for campaign funding

    Fiona Carter

    On Monday, the coalition government asked its marketing departments to plan for spending cuts of up to 40% to their advertising budgets.  Yesterday, the health secretary, Andrew Lansley gave an insight into how the government sees that businesses can help keep important marketing campaigns alive.  Lansley explained that beer companies, confectionary firms and crisp-makers will […]

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  • More jump on the ambush wagon

    Fiona Carter

    Last week we posted that Mars and The FA were considering legal action against Nestlé . This week a study by Nielsen has revealed that Nestle are not the only ones taking advantage of “ambush marketing” during the lead up to the World Cup. The likes of Nike and Carlsberg appear to got the upper […]

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  • The World Cup: a "fingers crossed" attitude towards liti...

    Fiona Carter

    Mars, the FA’s official sponsor, is considering taking legal action against Nestlé’s latest advertising campaign for Kit Kat for “passing themselves off” as being associated with the England football team. This is particularly interesting since Mars ran a very similar campaign 4 years ago. With major sporting events, “ambush marketing” can be rife with advertisers […]

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  • Twitterfail 2 – this time it's Labour

    Fiona Carter

    Two weeks ago, we reported on the uncensored reposting of live tweets on the Conservative’s “Cash Gordon” website. Now it seems that Twitter posts have put a Labour candidate into hot water.  Amongst other controversial posts, Stuart MacLennan reportedly described the elderly as “coffin dodgers”. He has now been dropped as the Labour nomination for […]

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  • First blog censured by the PCC – will you keep reading?

    Fiona Carter

    On Tuesday it was reported that the Press Complaints Commission had made its first ever adjudication against a blog.  The blog in question was Rod Liddle’s piece which stated that “the overwhelming majority of street crime, knife crime, gun crime, robbery and crimes of sexual violence in London is carried out by young men from […]

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  • Under the Influence

    Fiona Carter

    A total ban on alcohol advertising must be introduced by the Government to halt an epidemic of problem drinking say doctors again…  Under the Influence is the latest report from the British Medical Association (BMA) that seeks to highlight the damaging effect of alcohol marketing on young people. It says its’ aim is:  “to identify […]

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  • So I will be able to eat all the pies?

    Fiona Carter

    The Food Standards Agency has launched a consultation, aimed at reducing saturated fat in food products. It is suggesting that their proposal will also increase the availability of healthier options and smaller portion sizes in savoury snacks. The proposal includes plans to secure the reduction in the fat and saturated fat content of sausages, meat […]

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  • Travelodge makes formal complaint about Premier Inn's promoti...

    Fiona Carter

    Travelodge has lodged a formal complaint with the Advertising Standards Authority (ASA) over the £29-a-room Christmas promotional campaign run by its rival Premier Inn. Travelodge complains that it is “very near impossible” for customers to find rooms on premierinn.com for £29. The complaint from Travelodge comes at a time when an increasing number of companies […]

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