Marketinglaw Update: September 2021
Published on 23rd Sep 2021
This edition includes a selection of articles from the team over the summer. Coverage includes: the fine against Amex by the Information Commissioner's Office; the Advertising Standard Authority (ASA)'s project on racial and ethnic stereotyping; the ASA's bumper week of rulings against prize promotions on social media platforms; new French advertising rules; and much more.
Beyond this edition, you may also be interested in:
- a webinar on environmental claims (plus more information on decarbonisation); and
- coverage on the latest plans to ban HFSS advertising online and before the watershed, including enforcement and market impact.
Here are some other significant updates in the world of consumer and digital regulation:
- Consumer and competition reform: The UK has opened a consultation proposing reforms to competition and consumer policy, including rules on subscription models and sanctions for non-compliance.
- Video-on-demand consultation: The Department for Digital, Culture, Media and Sport has announced a new consultation to potentially introduce stricter rules on streaming services and bring services targeting UK audiences into Ofcom's jurisdiction.
Finally, Osborne Clarke has published its latest Regulatory Outlook, our regulatory overview of developments in business regulation in the UK, which includes coverage of advertising and marketing, competition, consumer credit and regulation, data protection, environment, ESG, food, physical products and telecoms, and more.
Digital regulation timeline
With so much happening in the digital regulatory space at the moment, you might be interested to hear that we have created a UK and EU Digital Regulation timeline that is accessible from a web browser. The timeline sets out laws and regulations that are already in force and in the pipeline. It is still in "beta mode" but, if you're interested in accessing this, please get in touch with me.
As always, please do not hesitate to get in touch if you have any questions.
Latest News
Service emails or marketing emails – do you know what you are sending?
The ICO has fined Amex £90,000 for sending over 4 million marketing emails to customers who had opted-out of marketing. Jennifer Tur reports.
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It's time to be careful
The ASA uphelds complaints against crypto ads that did not flag risks to consumers. Thuvaraka Balamurali reports.
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ASA lays out plans to tackle harmful racial stereotypes in ads
The ASA focuses on cracking down on harmful racial and ethnic stereotypes in adverts. TK Spiff reports.
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ASA rules that Not Guilty Food Co is guilty of breaching advertising regulations
ASA upholds complaints against The Skinny Food Co over "Skinny Spices" product line for being in breach of the CAP Code rules on health and nutrition claims. Rebecca Chui and Isabel Boyce report.
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CMA consults on green claims guidance
The CMA has published draft guidance for business about "green" claims. Zoe Marks and Lucy Price report.
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New ICAS charter aims to strength advertising self-regulation globally
Members of ICAS, including the ASA, have adopted a charter to strengthen advertising self-regulation globally by committing to enhance cooperation, coherence and consistency for the benefit of global consumers and businesses. Sharon D'Silva reports.
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ASA names and shames non-compliant influencers
The project shows that the ASA's focus on influencers is ongoing, which places pressure on brands to ensure that their influencers get their labelling correct. This project by the ASA is also a great example of how the ASA is a proactive regulator and unafraid to actively identify issues and take action. Chloe Deng and Anna Williams report.
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Extension of advertising obligations to providers of video sharing platforms
A draft decree implementing the AVMSD is at its early stage to extend advertising requirements to providers of video sharing platforms.
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The ASA's hard line on hard seltzer
The ASA has recently ruled against several hard seltzer brands, including BrewDog, Drty Drinks, High Water and Whisp, for engaging in marketing activity contrary to the CAP Code and their use of "non-permitted nutrition claims" and low alcohol claims. Isabel Boyce reports.
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French Broadcasting Authority alert to surreptitious advertising
CSA warning on surreptitious advertising during morning show. Alix Taverne, Julia Darcel and Claire Bouchenard report.
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The ASA wins a hat-trick against unfairly administered social media promotions
The ASA has a bumper week issuing three rulings against social media promotions. What do you social media marketing teams need to know? Chloe Deng reports.
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