Marketinglaw Update | September 2016

Welcome to the September update of marketinglaw, containing the latest news and articles covering advertising and marketing.

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

Advertising regulation

  • ASA rules on “9 out of 10 agree” survey methodology in pizza claims

Was Dr Oetker’s survey evidence adequate to substantiate a “9 out of 10 agree” claim for its pizza? Daisy Jones reports here.

  • Ladbrokes’ Iron Man email promo gets Stark disapproval from ASA

But can an email sent to over-18’s only still appeal to children? Thomas Spanyol investigates here.

  • Alternative therapy provider prosecuted for “misleading advertising claims”

After two upheld adjudications in 2012, the “toothless” ASA has the last laugh. Ben Poole reports here.

  • Missing letters and missing promotional codes?

Over a hundred consumers challenge the fairness of Walkers’ “Spell & Go” promotion but the ASA rules that the promotion is misleading instead. What did the ASA discover? Which significant condition was missing? Chloe Deng reports here.

  • CAP reminder on cosmetic interventions ads

CAP releases a note on cosmetic interventions, a reminder of the need for precision when advertising incisions. Ben Dunham reports here.

  • BCAP updates on-screen text guidance

The emphasis remains on legibility and comprehension. Stefania Grosso reports here.

  • BCAP softens its pester power code rule

Broadcast advertisers are given a little more flexibility in advertising to children, following a change to the BCAP Code. Jamie Heatly reports here.

Data & privacy

  • Art29WP and EDPS respond to e-Privacy Directive consultation

As part of its Digital Single Market Strategy, the European Commission is reviewing the e-Privacy Directive. The Art29WP and the EDPS’ opinions on what changes should be made and why are – perhaps unsurprisingly – not in marketers’ favour. Georgina Graham reports here.

  • ICO vows to continue cold calls enforcement

With a fines run-rate of £10,000 per day, the data privacy regulator sees “nuisance marketing” as a priority. George Garrard reports here.

Online advertising

  • CMA and FTC crack down on disclosures in paid celebrity posts

Regulators on both sides of the pond are putting the heat on brands and influencers who breach transparency rules. Jude King reports here.

  • New regime proposed for premium rate online competition services

Consumer complaints about online competition services are high and PhonepayPlus wants to take action to improve consumer confidence. Anna Williams looks at the proposed new Special conditions here.


SAVE THE DATE for Osborne Clarke’s 18th annual Look Back, Face Forward 2016/2017 seminar taking place on the morning of Wednesday 7 December 2016. Our keynote speaker this year is Guy Parker, Chief Executive of the Advertising Standards Authority.  Watch this space for more information.

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