Welcome to the December 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.

On-line Advertising

[UK] CMA probes online gambling promotions The CMA investigates whether online gambling companies treat customers fairly.  Daisy Jones reports on the scope of the investigation and possible implications here.

Advertising regulation

[UK] Leon’s “original superfood salad” not a permitted health claim The “Original Superfood Salad” has been on the shelves of restaurant chain Leon for over a decade. But now the ASA have considered whether this name could constitute an unauthorised health claim. Ben Dunham reports here.

[UK] Diet Chef ad banned for ‘irresponsible’ weight loss message The ASA has found that a Diet Chef ad was in breach of the BCAP code because it is socially irresponsible, Stefania Grosso reports here.

[UK] It’s socially irresponsible to suggest that credit cards can fix life’s problems, says ASA The ASA says that the risks associated with the process of taking out a credit card cannot be trivialised in TV adverts. Rachael Oakley reports here.

[UK] Influencer’s ‘juvenile’ stunt lands Hooch in hot water Upheld ASA adjudication against Global Brands Limited’s Hooch social media video, deemed to include “juvenile” behaviour and likely to appeal to viewers under 18 years of age. Ben Poole reports here.

[SG] New regulatory guidelines applicable to online advertising and marketing communication on interactive and social media in Singapore Singapore imposes new obligations on marketers regarding advertising and marketing communication on interactive and social media. Santina Cheng reports here.

[DE] New ICAS in light of globalisation EASA launched a new International Council on Ad Self-Regulation (ICAS) to promote and develop advertising self-regulation worldwide. Karolien Stiers reports here.

[UK] Toy ads promoting HFSS foods could breach codes Sustain challenges the fillings used in the ‘Banana Surprise’ ad. What did the ASA decide following CAP’s consultation? Chloe Deng reports here.

 [US] Where’s the chicken? KFC sued for allegedly misleading ad A KFC customer is suing the fast food chain in New York for $20 million after finding her “Fill-Up” bucket only half full. Jamie Heatly reports at here.

[FR] Advocate General opines on retailer comparative advertising “The Advocate General believes comparative advertising rules don’t prevent a retailer comparing its own shops’ prices with those in competing shops having different formats or sizes but limitations may apply. Anna Williams reviews this latest Advocate General opinion here.

[UK] ‘Oak wrap’ says furniture store ASA uphold complaint against Oak Furniture Land ‘Oak wrap’ technique in effect functions as veneer. George Garrard reports here.

[IT] New national lottery linked to till receipts starting from 2018 and Superenalotto auction News for 2018: till receipts lottery to combat tax evasion and Superenalotto licence offer at auction for at least Euro 100 million. Riccardo Gaiani reports here.

Data & Privacy

[UK] Government clamps down on nuisance call directors From Spring 2017, companies and directors face a combined fine of up to £1 million, with directors personally liable for up to £500,000. Peter Barratt reports here.

Media & IP

[UK] DCMS review looks at gambling stakes, prizes and advertising The Department for Culture, Media and Sport has issued a ‘call for evidence’ seeking views on gaming machine regulation and social responsibility measures, that could result in changes to the Gambling Act 2005. Barney Sich reports here.

[FR] France’s National Assembly rules against the implementation of a “YouTube Tax”…for now Digital business heaved a sigh of relief after the French National Assembly ruled against video-sharing websites being subject to France’s pre-existing “culture tax”, which helps finance the production of French films and TV shows. Chloe Dumoulin-Richet reports here.

[FR] New French regulation to make video games competitions legal France adopts specific regulation regarding the organisation of video games competitions. Isabelle do Rego reports here.

[DE] Germany drops its quota limiting the number of licensed sports betting providers – a double-edged sword? Finally: Germany now truly opens the market for sports bets, abolishing the limitation of possible permits to 20. Dr. Hendrik Schöttle reports here.