Marketinglaw Update | December 2016

Welcome to this month’s marketinglaw update, containing the latest news and articles covering advertising and marketing law.

We hope you find it interesting.  If you would like to discuss any of the content in this update, please contact me or the author of the relevant story.

Nick Johnson
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Latest news

Online advertising [UK] AppNexus pulls the plug on Breitbart News Why has the conservative news site been banned from selling on AppNexus’ ad exchange and what might this decision mean for others? Jamie Heatly reports here.

Advertising regulation [NL] Calvin Klein advertising banned in Belgium The Belgian Advertising watchdog JEP is urging Calvin Klein to stop its new campaign because the campaign trivialises erotic selfies made and shared by youngsters on social media. When the campaign was launched, 13 complaints were filed with JEP (the Belgian Jury for ethical practices). Karolien Stiers reports here.

Data & privacy [UK] A round-up of data privacy related news 2016 has been a fairly momentous year in the world of data protection and privacy (and in many other respects too). December (so far) is no different. The Digital Economy Bill, e-Privacy reforms and yet more fines from the ICO. Georgina Graham reports here.

Media & IP [IT] Francesco Totti: protecting image rights Under Italian law the unauthorised publication of an image depicting a public figure divorced from its original context and placed in a different context is also a violation of the person’s right to personal identity, protected by article 2 of the Constitution even in the absence of any harm to their honour or dignity. Marialaura Boni reports here.

Advertising regulation [NL] Stricter rules on children’s marketing in the Netherlands Products with children’s marketing are no longer permitted to contain a Blue Tick, the sign that indicates a “conscious choice” within a certain range of products. Kevin vant Klooster reports here.

Advertising regulation [FR] Biocoop France: how far can comparative advertising go? The French Courts ruled that an advertisement, despite not being misleading, was nonetheless punishable for basing its comparative advertising campaign solely on disparaging comments. Chloe Dumoulin-Richet reports here.

Media & IP [UK] Things get frosty between the government of Iceland and ‘Iceland’ supermarket Things have become frosty between the retailer and country that share the name “Iceland”. Anna Williams looks into why the Icelandic government has just launched a legal action and the trade mark issue they are basing their attack on here.

Advertising regulation [UK] ASA Ruling on Parcel2Go Parcel2Go claims found misleading. The ASA has found that a combination of Parcel2Go claims was in breach of the CAP code because they were unclear and misleading. Stefania Grosso reports here.

Advertising regulation [UK] University of Law adverts banned for misleading consumers Institution challenged to substantiate claims about lawyers’ earnings and its status as the UK’s leading law school, after members of the public complain to the Advertising Standards Authority. Helena Zaba reports here.

Advertising regulation [UK] ASA and CAP Mid-Year 2016 Progress Report The end of the year brings with it the ASA and CAP mid-year report, which looks back on the regulatory developments of 2016 and lets us know what to expect in 2017. Jude King reports here.

Advertising regulation [UK] Stunts and potentially unsafe behaviour in ads – where to draw the line The ASA publishes three adjudications (Heinz, Nike and MTV) analysing the depiction of potentially unsafe and dangerous behaviour in ads. Daisy Jones reports here.

Advertising regulation [UK] Kronenbourg and WKD both survive complaints made by the Youth Alcohol Advertising Council Complaints have been raised in relation to two ads for alcohol products, relating to the perceived effects of alcohol and inappropriate ad content designed to target under-18s. The ASA rejected all complaints. George Garrard reports here.

Advertising regulation ECJ clarifies UCPD issues in Canal Digital case Canal Denmark breaking down the cost of television subscription packages leads to the ECJ clarifying rules on invitations to purchase, misleading actions and misleading omissions under the UCPD. Chloe Deng reports here.


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