Ads & Brands Law Digest: July 2022

• Published date: 25 July 2022
• Subject Matter: Consumer Protection, Intellectual Property, Media, Telecoms, IT, Entertainment, Copyright, Advertising, Marketing & Branding, Dodd-Frank, Consumer Protection Act
• Law Firm: Lewis Silkin
• Author: Mr Brinsley Dresden

Welcome to the July 2022 edition of our Digest, covering legal and regulatory developments from the last few weeks relevant to advertising, marketing and brand-owning businesses. As usual, for each item we provide a succinct summary accompanied by a link to the full text of the relevant official source or our own report.

In this edition we report on the ASA's guidance on ensuring that children know that material is advertising, the ASA's enforcement update on debt management advertisements, the ASA's remit statement on gambling advertising, the ASA's statement on World Environment Day, the UK government's response to its data reform consultation, the EU's sweep of car rental websites, and an interesting case on copyright involving "Only Fools and Horses".

In this issue:

• Advertising and marketing

• Regulatory

• Copyright

Advertising and marketing

ASA provides guidance on ensuring that children know that material is advertising

Both the CAP Code and consumer law stipulate that you must know when you are being advertised to. Unless it is already apparent from context, clear ad disclosure is important regardless of the age of the audience. It allows consumers to recognise the commercial intent behind the messaging of an ad and serves to differentiate it from editorial content.

However, when young children (under-12s) are the primary audience for an advertisement, it is important to consider whether more enhanced disclosure may be required. Enhanced disclosure should be prominent, interruptive, and sufficient to identify the marketer and the commercial intent of the ad.

For more information, see here..

ASA and CAP issue enforcement update on debt management ads

The ASA has published a new Enforcement Notice about debt management ads by insolvency practitioners and lead generation companies.

It highlights that the ASA has published several rulings about ads which offered consumers a way to write off debt in government approved schemes. These ads were not placed by FCA-authorised debt advisers but by lead generation companies or insolvency practitioners, and ultimately advertised services for individual voluntary arrangements (IVAs) (in England, Wales, NI) or protected trust deeds (PTDs) (in Scotland).

Ads targeted at consumers with debt problems have the potential to cause serious detriment if they do not comply with the advertising rules. Insolvency practitioners and lead generation companies which ultimately advertise an IVA/PTD service must be extremely careful to ensure their advertising is responsible and does not mislead.

From 25 July 2022, the CAP compliance team will take targeted enforcement action, which may include - where advertisers are unwilling to comply - referral to Trading Standards or an appropriate recognised professional body.

For more information, see here.

Remit statement: 'content marketing' for gambling products online - ASA | CAP

Advertising in social media spaces controlled by marketers have long been subject to the CAP Code; in particular, the dedicated rules that protect under-18s. The vast majority of 'content marketing' is effectively deemed...