Marketinglaw Update | August 2019

Written on 5 Sep 2019

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 hefty £60,000 fine (plus costs) imposed by Trading Standards against H Samuel for a misleading price promotion (despite H Samuel only making £6,500 from the promotion), the ASA’s view on how many followers you need to be a celebrity, ICO update on cookies, an ASA cheat sheet to help influencers comply with rules around #ads and updates on recent CMA activity.

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 Chloe Deng 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

Cookie Monster – ICO publishes guidance to remind advertisers how cookies should be used: The cookie compliance requirements in the UK have been overhauled to make it clear to organisations that they need GDPR level consent to set most cookies. What is the potential effect ton advertisers and brands? TK Spiff reports.
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ITV and ASA couple up to give contestants advice on social media ads: It is what it is: an ad. ITV has partnered with ASA to help Love Island contestants follow the rules on paid partnership social media advertising. TK Spiff reports.
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Q: When, will I, will I be famous? A: When you have 30,000 Instagram followers: The ASA rules that any person with over 30,000 followers is a celebrity.
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Can only Red Bull ‘give you wings’?: Red Bull has initiated legal proceedings against its competitor, Rich Energy, for alleged trade mark infringements through social media advertising. James Robertson reports.
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It’s just emojions misleading us over [laughing tears of joy face]?: Using emojis in your advertising? The ASA has released guidance to ensure emojis in advertising have a 🙂 rather than 🙁 effect. Chloe Deng reports.
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The CMA puts online platforms and digital advertising under the spotlight: The CMA has launched an investigation into online platforms which engage in digital advertising, to assess whether dominant market positions are adversely affecting consumers and advertising supply chains. Ben Dunham reports.
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Advertiser fined for misleading promotion on website: H Samuel fined £60,000 plus costs by Trading Standards for a misleading price promotion, despite only making £6,500 from the promotion. Katrina Anderson reports.
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Meta advertising: can the use of meta tags infringe trademark rights?: The use of meta tags containing trademarks could be considered misleading or comparative advertising but a Dutch court rules no harm caused. Sophie den Held reports.
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Samsung faces deceptive advertising charges in France: Samsung’s ethical claims under fire for misleading consumers in the French courts.
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French courts explore official alcohol suppliers to the Cannes International Film Festival: Pay attention to the way you communicate on your tobacco or alcoholic beverage brands: French courts are strict about their legality and assess various criteria on a case-by-case basis.
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Famous French distributor sentenced for prohibited and misleading advertising linked to promotional offers: French distributor in hot water for misleading pricing claims. Gaëlle Saint-Jalmes reports.
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