Tag: Advertising

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Are You Influencing Responsibly?
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Love Island’s Molly-Mae Hague breaches the UK Advertising Standards Authority promotion rules
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Advertising in the Time of Coronavirus
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Are Pre-Launch Statements Now Within the Range of the National Advertising Division?
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Federal Circuit Upholds TTAB Ruling on Specimens of Use
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ASA and CAP Publish Annual Report 2014

Are You Influencing Responsibly?

A recent UK Advertising Standard’s Authority (ASA) study has revealed that many social media influencers are routinely breaking consumer and advertising laws.

The findings of the study are important for social media influencers, who should ensure that they are fully transparent about when they are posting advertising content and for companies who work with social media influencers, who are equally responsible for ensuring that brand partnerships are sufficiently disclosed in the influencer’s social media posts.

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Love Island’s Molly-Mae Hague breaches the UK Advertising Standards Authority promotion rules

An £8,000 Instagram giveaway promoted by Love Island contestant Molly-Mae Hague, breached the UK Advertising Standards Authority’s (ASA) promotion rules, a recent decision of the ASA has determined.

In September 2020, Ms Hague (who has more than 5 million followers on Instagram, and 1.5 million subscribers on YouTube), offered one of her followers the chance to win approximately £8,000 worth of luxury designer goods, including handbags, a laptop and products from her fake tan range. To enter, her followers were asked to like the Instagram post, tag a friend and follow her personal Instagram page, the Instagram page of her tanning brand and to subscribe to her YouTube channel.

The Instagram post in question was liked close to 1.2 million times and attracted almost 3 million comments.

After the giveaway, the ASA received 12 complaints from individuals who believed that not all of the entrants were included in the ‘final draw’ and so did not have an equal and fair chance of winning. The complainants challenged whether: (i) the prize was awarded in accordance with the laws of chance; and (ii) the promotion was administered fairly.

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Advertising in the Time of Coronavirus

COVID-19 and the many national lockdowns that have followed have caused a huge shift in advertising and marketing. Suddenly, everyone is at home and receiving nearly all content digitally; through their phones, tablets and TVs, and advertising budgets have been sliced and squeezed as companies shift scarce resources to other parts of their business.

Regulators are faced with a new challenge and responsibility to protect consumers from companies who would price gouge and profit from panic caused by COVID-19. The UK regulator, the Advertising Standards Authority (ASA), has published a fair number of decisions and guidance in relation to the coronavirus.

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Are Pre-Launch Statements Now Within the Range of the National Advertising Division?

In a bold departure from its focus on allegedly misleading and deceptive statements in commerce, the National Advertising Division’s (“NAD”) decision in PLx Pharma, Inc. (Vazalore), Report #6912, NAD/CARU Case Reports (December 2020), arguably stretches its jurisdictional scope to include certain pre-national launch investor statements.

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Federal Circuit Upholds TTAB Ruling on Specimens of Use

Part of the trademark registration process is submitting a specimen of the mark as used in commerce (“specimen of use”). Recently, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld the decision of a split Trademark Trial and Appeal Board (TTAB) panel that refused to register the trademark “CASALANA” for “knit pile fabric made with wool for use as a textile in the manufacture of outerwear, gloves, apparel, and accessories,” stating that Siny Corp. (the applicant) did not submit an acceptable specimen of use. See In Re: Siny Corp. (Fed. Cir. Case. No. 18-1077).

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ASA and CAP Publish Annual Report 2014

‘Make Every UK Ad a Responsible Ad’

On 27 May, the Advertising Standards Agency (ASA) and the Committee for Advertising Practice (CAP) published their Annual Report for 2014. The Annual Report emphasises the ASA and CAP’s continuing work to implement the strategy unveiled during 2014. This strategy aims to ‘make every UK ad a responsible ad’ through the following five strands:

  • Understanding
  • Support
  • Impact
  • Proactive
  • Awareness

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