Advertising and Marketing | Regulatory Outlook September 2022

Enforcement notice on advertising Kenalog injections

The Committee of Advertising Practice (CAP) and the Medicines and Healthcare products Regulatory Agency (MHRA) have published a joined enforcement notice on advertising Kenalog injections on social media. The notice highlights that Kenalog, a prescription-only medicine, must not be directly or indirectly advertised to the public.

This notice follows a number of Advertising Standards Authority (ASA) rulings which found some companies advertising Kenalog injections as the treatment of hay fever, when it is not licensed in the UK as such. See more in our Insight.

CAP and BCAP launch consultation on mid-contract price rises in telecoms ads

The CAP and the Broadcast Committee of Advertising Practice (BCAP) have launched a consultation on new guidance on how to present information about mid-contract price rises in telecoms ads. The consultation's primary focus is on business-to-consumer advertising, which includes broadband as well as mobile services (either on their own or as one part of a package or "bundle").

As some contracts for broadband and mobile services include a condition on mid-term increases in their monthly price, the regulators aim to ensure that ads comply with the relevant advertising rules.

Particular attention is drawn to preventing misleading advertising, including by omitting material information for consumers: advertising can be regarded as misleading if does not provide information that may impact a consumer's "transactional ". In this case, details about price increases during the term of a contract are obviously material to the consumer.

The consultation's closing day is 17 November 2022.

UK financial watchdog tells firms to review 'buy now, pay later' promotions

Please see Consumer credit and payments.

Please also see our latest Marketinglaw update for our insights on other developments including, among others, the ASA's ruling against Arsenal's promotion of fan tokens and the Health and Social Care Select Committee report on the impact of body image on mental and physical health.