Marketinglaw Update | July 2019

Hello and welcome to a bumper update from Osborne Clarke’s Marketing Law team, with the usual eclectic mix of marcomms law and regulatory developments.

This month’s coverage includes (amongst other things): the City Fibre Judicial Review (clarifying who the average consumer is), ICO’s age appropriate design code, ASA avatars, the Advocate General’s opinion on the Planet49 case in relation to cookie consent and the ASA and CAP’s annual report for 2019.

On a separate note, Osborne Clarke is sponsoring the ANA/BAA Law Conference, a marketing, advertising and privacy law conference that will be held in San Diego on 4 to 6 November 2019. If you would like to attend, please get in touch with me as we have a discount code for anyone that has not registered for the conference before.

We hope you find these updates useful. Please feel free to get in touch if you’d like to follow up with us on anything.

Latest news

“No Added Sugars” claim not misleading | The nutrition claim “no added sugars” for the apple cookies of HiPP, which contain sugar, is not in breach with the European Nutrition and Health Claims Regulation.
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Dutch Supreme Court rules mere disclosure of misleading statement an unlawful act | The Dutch Supreme Court confirms that indirect influence of misleading statements is sufficient to establish culpability.
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Advocate General opinion in Planet49 indicates that cookie consent must be active and separate in an online lottery | How are your marketing consent tick boxes looking? The Advocate General issues an opinion clarifying requirements for fully informed consent and pre-ticked boxes.
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Bounty (data) hunters | The ICO fined Bounty £400,000 for sharing personal data in breach of the DPA 1998.
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Somebody PLEASE think of the children: ICO launches consultation period of age appropriate design code | The ICO has launched a consultation period on its draft age appropriate design code for online service providers, requiring businesses to consider whether their service design adequately protects children. John Jackson reports.
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New proposals to “Blacklist” certain advertising practices and impose an obligation on review websites to conduct reasonable checks that reviewers used and paid for products | The potential effects of the EU’s New Deal For Consumers on advertising law. Katrina Anderson reports.
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CityFibre loses long battle against the ASA over ‘fibre’ claims | CityFibre loses a judicial review against the ASA over claims of misleading ‘fibre’ adverts, TK Spiff reports
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ASA asks advertisers how they measure up | ASA issues a guidance note reminding advertisers of the importance of substantiation. Matthew White reports.
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CAP bans harmful gender stereotyping in ads | After its announcement in December, the ASA has introduced a new rule banning ‘harmful’ gender stereotypes in adverts. What does this mean for marketers? TK Spiff reports.
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Wickes in hot water after kitchen sale deemed misleading | The ASA has banned a Wickes advert for its failure to follow pricing guidance. Emma Finlayson reports.
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CMA continues to tackle fake online reviews | CMA urges platforms to crack down on listings and groups promoting the fake review industry. Chloe Deng reports.
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ASA and CAP release Annual Report for 2018: More Impact Online! | The ASA and CAP’s annual report was released in May 2019. What can we learn from this? Chloe Deng reports.
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Third party GDPR assurances are no defence: ICO issues fine for calling TPS registered lines | ICO reminds businesses to respect the TPS Register and to conduct adequate due diligence on third party data lists in issuing fine against small security company.
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New French regulation impose obligations on platforms to combat fake news | Online platforms will be first in line in the fight against fake news. French law requires new tools in order to avoid fake news spreading and increase transparency. Marie-Laure Pidoux reports.
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ASA publishes results of child avatar monitoring of gambling and HFSS food advertising | The ASA’s avatars strike again. After the success in the gambling sector, the avatars review the targeting of HFSS foods. Ben Dunham reports.
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Guess what? Commission deems restrictive online search advertising policies to be anticompetitive | Guess fined €40 million for restricting its authorised retailers bidding on specific AdWords. Katrina Anderson reports.
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