Marketinglaw Update | June 2020

Hello and welcome to the latest edition of Marketinglaw.

We hope you are keeping well at this difficult time.

What's inside

This month's edition includes: the new rules in Italy on ambush marketing; updates on the gambling advertising industry; European Data Protection Board guidelines on consent for cookies; more on Covid-19; and rulings from advertising regulators around the world, covering affiliate links, toothpaste on Twitter, economy seats on planes, driving safely and the UK's jurisdiction over Qualified Lawyers Transfer Scheme advertising.

This month's reminder

The amendment to the EU's Audiovisual Media Services Directive (New AVMSD) is due to be implemented by Member States in September 2020. With its extended application, those that are caught by the AVMSD might want to use the summer as an opportunity to make sure the ad rules on their service comply with those set out in New AVMSD.

As always, please do get in touch if you have any queries.

Latest news

The EDPB clarifies the notion of consent for the use of cookies: On 4 May 2020, the EDPB published new guidelines on consent and clarifying the mechanisms of cookies consent. Claire Bouchenard and Léa Puigmal report.
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Car commercials crossing the line: The ARPP reminds us that car advertising campaigns must not show situations where car users do not comply with the Highway Code nor where cars are driven in natural settings that are not on proper roads. Claire Bouchenard and Etienne de Dreuille report.
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Misleading ad campaign for a weight loss device: The ARPP (French Advertising Regulator) reminds us that ad campaigns for medical devices used to lose weight should be based on objective and verifiable elements in order not to be considered as misleading to consumers. Claire Bouchenard and Etienne de Dreuille report.
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ASA issues guidance on free trials and changes to promotions: The ASA has released guidance on offering free trials and changing promotions during the pandemic. Anna Williams and Chloe Deng report.
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ASA slams down on misleading and irresponsible COVID-19 claims: The ASA has released a spate of rulings on advertising claims involving coronavirus/Covid-19. Rebecca Chui reports.
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Subscription boxes: ASA guidance on thinking outside the box: The ASA has provided new guidance to ensure that subscription boxes are marketed in a compliant and appropriate manner.
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Seventy-six responses to the CMA's online platforms and digital advertising study: The CMA has published the 76 responses to its interim report on online platforms and digital advertising. Thomas Stables reports.
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Lord Sugar's tooth-whitening tweet found rotten by the ASA: Lord Sugar's tooth whitening tweet is found rotten by the ASA. Lucy Price reports.
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Slots of responsibility: Gambling firms stop TV and radio advertising during lockdown: The UK’s largest betting and gaming operators have agreed to remove all TV and radio gaming advertising during the COVID-19 lockdown but some MPs say this does not go far enough. Verity Raeside reports.
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Influencer Zoe Sugg (aka Zoella) warned by the ASA for cashing in on ASOS affiliate links: ASA confirms that a clear identifier such as #ad must be included as a minimum in social media posts to ensure that affiliate links are obviously identifiable as marketing communications and make clear their commercial intent upfront. Steven Doherty reports.
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Purrfect ads: Advertising safely with animals: The ASA has published guidance on making health claims on products for animals and featuring animals in advertising, including helpful guidance from the British Veterinary Association. Linda McElwee reports.
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ASA asserts jurisdiction over QLTS advertising: ASA upholds complaint from a rival provider that a QLTS provider made misleading claims and confirms that it has jurisdiction to rule in the process. Charlotte Groom reports.
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Royal Dutch Airlines’ offer of the Economic Comfort turns out to be misleading and unfair: The Dutch Advertising Code Committee (the RCC) ruled that an advertisement of the Dutch Royal Airlines (KLM) qualified as misleading due to a lack of essential information in its online offer of the Economic Comfort seat. Romy van Limpt and Kevin van 't Klooster report.
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The new ambush marketing ban in Italy: Italy has adopted a ban on ambush marketing initiatives during major national and international events which represents a first regulatory framework for the country.
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