27th April 2007 | marketinglaw

Unfair contract terms-new OFT Guidance

Written Osborne Clarke on 27 Apr 2007

Terms in consumer contracts are not enforceable if they are deemed “unfair” under regulations in force since 1995. The OFT has amassed know-how on what clauses will fail the test…
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Sticky end for gum ads

Written Osborne Clarke on 27 Apr 2007

Cadburys’ four TV ads launching Trident chewing gum had a pronounced Caribbean flavour, but it wasn’t the gum and no less than 519 complaints winged in. What could have provoked…
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Shock EU “Champagnebier” ruling

Written Osborne Clarke on 27 Apr 2007

The ECJ has for once rejected the Advocate General’s recommendations on two key issues in Veuve Clicquot’s fight to stop Belgian beer packaging using “brut”, “a la methode traditionnelle” and…
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Ribena pays £80,000 fine for NZ misleading ad charges

Written by Anna Williams on 27 Apr 2007

How did a school science experiment lead to the world’s second largest food and drug company appearing in the Auckland District Court over “four times the vitamin C of oranges”…
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Premium rate line regulator reports

Written Osborne Clarke on 27 Apr 2007

The unhappily named ICSTIS has published its latest annual report. Recently in the news over TV quiz scams, it has sharp teeth with a power to levy fines up to…
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Pepsico “tazos” design under scrutiny

Written Osborne Clarke on 27 Apr 2007

For three years Pepsico battled hard for a Community registered design protecting promotional items for 5-10 year olds. The opponent said Pepsico’s design for small metal or plastic discs was…
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New controls on food ads move off air

Written by Anna Williams on 27 Apr 2007

Recently we reported tighter restrictions on broadcast ads for foods that are high in fat, salt or sugar. Now a stricter regime looms for non broadcast food ads also, but…
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Home, travel, car cover ads irk FSA

Written Osborne Clarke on 27 Apr 2007

In one of its curiously named “Thematic Reviews,” the financial promotions regulator recently discovered alarmingly high levels of non compliant “savings” claims in ads for general insurance. Paul Anning reports…
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Gambling Commission shows hand on web entry

Written Osborne Clarke on 27 Apr 2007

In August 2006 the UK’s new gambling regulator consulted stakeholders on prize competitions and free draws. Its final findings will appear in June, but it disagrees so strongly with respondents…
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Email address acquirers lose plot

Written Osborne Clarke on 27 Apr 2007

The UK’s “opt in/opt out” rules for teeing up compliant marketing emails have been around since Christmas 2003, but still UK businesses are getting it wrong and unable to use…
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Do not call/fax/mail list update

Written Osborne Clarke on 27 Apr 2007

Recently there have been big increases in those registering with preference services to not receive marketing communications through various channels. What are the latest figures and what do these mean…
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ASA slams slew of IVA ads

Written Osborne Clarke on 27 Apr 2007

In no less than five recent cases, the ASA has upheld complaints about debt counselling service ads. In each instance Individual Voluntary Arrangements were promoted as a panacea for financial…
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Peter Barratt

Associate, Bristol
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