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

This month’s coverage includes: a sweep through changes to gambling ads during football matches; EE’s ICO fine for a service message held to be a marketing message; and influencer guidelines in France.

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

Football season kicks off: the latest (adlaw) highlights

Football season begins again! The ASA reminds us of rules surrounding featuring under-25s in gambling ads and the IGRG announces a ban on gambling ads during live sporting events televised pre-watershed. Chloe Deng reports. Read more >

£100,000 fine for sending “marketing” text messages when consent has been withdrawn

EE fined £100k for texting customers about an app that customers could make purchases from. Service or marketing message? Katrina Anderson reports. Read more > 

The ASA releases its first rulings on gender stereotyping

Incapable fathers or tired new parents? Ballet for women and drumming for men? Men are adventurous and women are care-givers? The ASA publishes its first set of rulings on gender stereotyping. Chloe Deng reports. Read more >

Skinny CAP-puccino anyone? Diet drink company in breach of CAP Code

Jemma Lucy and Skinny Caffe have been instructed by the ASA to remove an Instagram post that breached the CAP Code and raised a number of health concerns. TK Spiff reports. Read more >

Keep your gin up! ASA decision puts McQueen Gin ad on ice

The ASA has banned a McQueen Gin ad for suggesting that sporting or other physical activities were undertaken after consumption of alcohol. James Salisbury reports. Read more >

Deliveroo obviously unable to deliver to spaceships

The ASA has ruled on the geographically fantastical delivery claims of Deliveroo. Charlotte Groom reports. Read more >

Ad offers bonuses and free spins to people looking to unsubscribe from gambling

The ASA upholds a complaint against a gambling app whose ads targeted individuals seeking to unsubscribe from gambling. Chloe Deng reports. Read more >

ASA bans Botox ads

The ASA bans three cosmetic filler adverts on Instagram. Emma Finlayson reports. Read more >

Guide to good practices in influencer marketing in France

The French Advertising Self-Regulatory Organization. publishes a guide from its Observatory called “Influence Marketing: good practices”. Julia Darcel and Claire Bouchenard report. Read more >

Amazon fined €4 million for breach of unfair contract terms rules

Amazon Europe and Amazon France fined €4 million and ordered to amend standard contract terms. Claire Bouchenard and Marie-Laure Pidoux report. Read more >

Paris Court rules that users may resell games purchased on Steam

French court rules that consumers can resell games on Steam. Steam appeals. What might happen? Grégoire Dumas and Claire Bouchenard report. Read more >

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