Some discount voucher adverts have been misleading, advertising watchdog says – OUT-LAW.com

“The UK’s advertising watchdog has resolved more than 50 cases involving discount voucher adverts since March, the watchdog has said.”

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OUT-LAW.com, 30th August 2011

Source: www.out-law.com

Company breached contract by sending mis-targeted marketing material without consent, High Court rules – OUT-LAW.com

Posted August 30th, 2011 in advertising, contracts, news by sally

“A company was entitled to terminate a marketing contract when the other company sent marketing emails to people from a bought-in, rather than just its own, mailing list, the High Court has ruled.”

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OUT-LAW.com, 29th August 2011

Source: www.out-law.com

Advertising code not cookie law compliant, data protection watchdogs say – OUT-LAW.com

Posted August 30th, 2011 in advertising, data protection, EC law, internet, news by sally

“Companies signed up to a self-regulatory code on online behavioural advertising may still not be compliant with EU laws on cookies, EU privacy watchdogs have said.”

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OUT-LAW.com, 29th August 2011

Source: www.out-law.com

Distance selling advertising rules should be more limited, advertising body says – OUT-LAW.com

Posted August 16th, 2011 in advertising, consultations, consumer protection, news by sally

“Broadcasters should only have to vet advertisers of goods and services sold online or over the phone if their adverts are targeted at consumers, the Broadcast Committee of Advertising Practice (BCAP) has said.”

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OUT-LAW.com, 15th August 2011

Source: www.out-law.com

Guidance on misleading airbrushing in adverts issued – OUT-LAW.com

Posted August 11th, 2011 in advertising, misrepresentation, news by sally

“The UK’s advertising regulator has re-issued guidance on the use of digital enhancements in cosmetic ads after recently ruling two such ads were misleading.”

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OUT-LAW.com, 10th August 2011

Source: www.out-law.com

Website censured over Kate Moss slogan T-shirts – The Guardian

Posted August 10th, 2011 in advertising, children, consumer protection, internet, news by sally

“A website that stocked a range of children’s T-shirts bearing a controversial quote from Kate Moss has been censured by the Advertising Standards Authority.”

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The Guardian, 10th August 2011

Source: www.guardian.co.uk

Airlines’ cheap ticket offers to be investigated – The Guardian

Posted August 8th, 2011 in advertising, airlines, consumer protection, EC law, news by tracey

“The European commission has launched an inquiry into airlines’ controversial ‘add-on’ charges that allow them to offer low prices bearing little resemblance to what ticket buyers end up having to pay.”

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The Guardian, 8th August 2011

Source: www.guardian.co.uk

Southern’s Gatwick Express claim ‘misleading’ – BBC News

Posted July 27th, 2011 in advertising, news, ombudsmen, transport by tracey

“A train company has been ordered to remove a ‘misleading’ claim about its services between Gatwick and London from its website.”

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BBC News, 27th July 2011

Source: www.bbc.co.uk

L’Oréal’s Julia Roberts and Christy Turlington ad campaigns banned – The Guardian

Posted July 27th, 2011 in advertising, complaints, news, ombudsmen, photography by tracey

“L’Oréal has been forced to pull ad campaigns featuring Pretty Woman star Julia Roberts and supermodel Christy Turlington, after the advertising watchdog upheld complaints by Liberal Democrat MP Jo Swinson that the images were overly airbrushed.”

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The Guardian, 27th July 2011

Source: www.guardian.co.uk

ISPs still ‘mislead’ on broadband – BBC News

Posted July 27th, 2011 in advertising, codes of practice, internet, news, ombudsmen by tracey

“Broadband speeds in the UK now average 6.8Mbps (megabits per second) but there is still a huge gap between advertised and actual speeds, according to Ofcom.”

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BBC News, 27th July 2011

Source: www.bbc.co.uk

ASA says Cadbury was not racist when it compared Campbell to chocolate bar – The Independent

Posted June 21st, 2011 in advertising, complaints, food, news, racism by sally

“A Cadbury’s advertising campaign which compared Naomi Campbell to a bar of chocolate was not racist, the industry’s watchdog has ruled.”

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The Independent, 21st June 2011

Source: www.independent.co.uk

Bailey review: companies must not pay children to promote products – Daily Telegraph

Posted June 6th, 2011 in advertising, children, internet, news by tracey

“Toy, food, drinks, clothing and electronics companies will no longer be allowed to pay children to promote their products at school or on social networking websites, David Cameron will announce today as part of wide-ranging initiative to stem the commercialisation and sexualisation of children.”

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Daily Telegraph, 6th June 2011

Source: www.telegraph.co.uk

Lawyers wrestle once again with vexed question of referral fees – The Guardian

Posted May 31st, 2011 in advertising, fees, Legal Services Board, news by sally

“Should lawyers be allowed to pay for work referred to them? The debate remains as heated today as it was in 2004 when the Law Society, under pressure from the Office of Fair Trading (OFT), first allowed solicitors to pay so-called referral fees.”

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The Guardian, 31st May 2011

Source: www.guardian.co.uk

Konsumentombudsmannen v Ving Sverige AB – WLR Daily

Posted May 31st, 2011 in advertising, consumer protection, EC law, law reports by sally

Konsumentombudsmannen v Ving Sverige AB (Case C-122/10); [2011] WLR (D) 181

“A commercial communication constituted an ‘invitation to purchase’ within the meaning of article 2(i) of Parliament and Council Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market, as soon as the information on the product and its price were sufficient for the consumer to be able to make a transactional decision. Information on price could be sufficient for those purposes where it contained an entry-level price and information on the product’s characteristics could be contained in a verbal or visual reference. It was sufficient for the purposes of providing the material information for an invitation to purchase required pursuant to article 7(4)(a) of the Directive for only certain of the product’s main characteristics to be given in that invitation and for the trader to refer in addition to its website, provided the essential information was on that website. Whether or not a reference to an entry-level price was misleading for the purposes of article 7(4)(c) was for the national court to ascertain in the circumstances of the case.”

WLR Daily, 12th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

MSD Sharp & Dohme GmbH v Merckle GmbH – WLR Daily

Posted May 17th, 2011 in advertising, consumer protection, EC law, internet, law reports, medicines by sally

MSD Sharp & Dohme GmbH v Merckle GmbH (Case C-316/09); [2011] WLR (D) 159

“The dissemination on a website by a pharmaceutical undertaking of information relating to medicinal products available on medical prescription only, which consisted in the reproduction of the packaging, and in the literal and complete reproduction of the package leaflet or summary of the product’s characteristics, was not contrary to article 88(1)(a) of Parliament and Council Directive 2001/83/EC, as amended, prohibiting advertising to the general public of medicinal products available on medical prescription only. The dissemination of such information which had been rewritten by the manufacturer and which could only be explained by an advertising purpose was prohibited.”

WLR Daily, 5th May 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Thames Water’s amnesty ad banned after it failed to honour promise – BBC News

Posted May 13th, 2011 in advertising, news, water companies by tracey

“A Thames Water radio advert has been banned after the firm failed to honour a promise not to back-date bills for people taking part in an amnesty.”

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BBC News, 12th May 2011

Source: www.bbc.co.uk

Regina (Albert Court Residents Association and others) v Westminster City Council – WLR Daily

Posted April 15th, 2011 in advertising, law reports, licensing by sally

Regina (Albert Court Residents Association and others) v Westminster City Council [2011] EWCA Civ 430; [2011] WLR (D) 134

“Once the conditions set out in section 35(1) of the Licensing Act 2003 were satisfied, in the absence of any relevant representation, the applicant for the variation of a premises licence was entitled to the variation and it would be contrary to that entitlement for it to be undermined by a failure of the licensing authority to carry out a notification process not provided for by the Act.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Digital music player ads must not encourage copying, rules ad regulator – OUT-LAW.com

Posted April 1st, 2011 in advertising, copyright, internet, news by sally

“A company must change the way it advertises its digital music player because the ads encourage people to copy music in a way that breached copyright law, the advertising industry regulator has said.”

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OUT-LAW.com, 31st March 2011

Source: www.out-law.com

Brothers jailed over Lapland New Forest park – BBC News

Posted March 18th, 2011 in advertising, news, sentencing, unfair commercial practices by sally

“Two brothers have been jailed for misleading thousands of customers at a Lapland-themed park on the Hampshire and Dorset border.”

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BBC News, 18th March 2011

Source: www.bbc.co.uk

ISPs must advertise average broadband speeds, not ‘up to’ speeds, says Ofcom – OUT-LAW.com

Posted March 2nd, 2011 in advertising, consumer protection, internet, news by sally

“ISPs should be forced to advertise the typical speeds available on internet access packages and not the theoretical maximum currently advertised, telecoms regulator Ofcom has said. They should also not be allowed to cap ‘unlimited’ services.”

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OUT-LAW.com, 2nd March 2011

Source: www.out-law.com