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Marketinglaw Update

December 2019

Season’s greetings and welcome to the final edition of for 2019.

This month’s edition includes: changes to the sponsorship rules for Olympic athletes; coverage on ASA rulings from panda biscuits to milkshakes; updates on FTC action on fake reviews and influencers; updates on the ePrivacy Regulation; and CAP’s investigation into children’s recognition of online ads.

Latest news

No ePrivacy Regulation before 2020
What does a further wait for new ePrivacy regulation mean for businesses? Chloe Deng reports.
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Sunday Riley escapes fines for posting fake reviews
Sunday Riley escapes the full wrath of the FTC but does it send out the wrong message? Chloe Deng investigates.
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ASA bans Burger King “milkshaking” tweet
The ASA has ruled that a Burger King tweet following the “Milkshaking” of Nigel Farage was irresponsible and condoned antisocial behaviour. James Salisbury reports.
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Advertising responsibly: ASA upholds complaints against and BoomBod
Advertising regulator bans ads making weight loss claims and encouraging socially irresponsible behaviour. Emma Finlayson and Lucy Price report.
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Ambushing the podium: US Olympic Committee releases rule guidance on individual sponsorship
US National Olympic Committee releases guidance following updates by the IOC to controversial rule 40.3, which now permits personal sponsors during the 2020 Tokyo games. Charlotte Groom reports.
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Don’t be sleigh-ed this year by non-compliant promotions
Launching a sales promotion this Christmas? Read our top tips here. Rebecca Chui reports.
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Processing personal data: identifying a legal basis under the GDPR
The EDPB has published a new guideline on the processing of personal data within the scope of GDPR, which shows the narrow limits when the controller wants to carry out specific processing on this legal basis. Johanna Klingen reports.
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FTC influencing influencers: influencer disclosure 101
The FTC publishes additional short-form guidance for influencers on the essential answers to the how, what and where for influencer disclosures in advertising. Jennifer Tur reports.
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Bye-Bye Panda
Hello Panda biscuit brand promotion by Unisnacks Europe Ltd banned by ASA for irresponsibly encouraging excessive purchase. Lucy Price reports.
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Recognition mission: children and online ads
CAP calls for evidence on children’s recognition of online marketing. What is being considered? Charlotte Groom reports.
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Dutch snack bars’ “100% Sustainable” claim Deemed unsustainable
The Appeals Tribunal of the Dutch Advertising Code Authority has ruled that a claim to be “heading towards 100% sustainability” was too absolute and implies that a company will achieve such aim in the not too distant future. Sophie den Held reports.
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Consumers left ‘spitting feathers’ over offensive KFC ad
The ASA has ruled that ads which include the phrase “what the cluck?!” are offensive as the will be interpreted by consumers as alluding to swear words. John Jackson reports.
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The ASA publishes the results of its research into paid influencer posts
The ASA has been researching consumer understanding of paid social media posts in order to get a sense of when people will understand a post to be an ad. The findings are in and the report has been published. Ben Dunham reports.

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