Key Takeaways From Our Annual Review Of 2021 And Look Ahead To 2022

• Published date: 19 January 2022
• Subject Matter: Media, Telecoms, IT, Entertainment, Advertising, Marketing & Branding
• Law Firm: Global Advertising Lawyers Alliance (GALA)
• Author: Mr Brinsley Dresden (Lewis Silkin)

On Tuesday afternoon we held our Advertising & Marketing Law Annual Review. We had a record number of guests tune in to the webinar, so thank you to all those that attended. For all those that weren't able to make it, here are our key takeaways from the event:

1. Green Claims: The Competition and Markets Authority (CMA) published its new Green Claims Code in September 2021 and are now due to begin a full review of green claims following a grace period. Certain sectors, including fashion, will be prioritised in the review, but that doesn't mean other sectors will escape scrutiny. You can find the guidance, including their principles here. The Advertising Standards Authority (ASA) has now commenced enquiries into priority areas; e.g. cars It is important to note that the CMA covers all commercial practices, not just advertising and will therefore pick up any areas that are outside the ASA's remit, such as packaging claims. The CMA is also able to bring prosecutions, which could give rise fines. We saw examples of upheld complaints against Hyundai and Alpro, whilst Jaguar Land Rover were able to defend their ad successfully.
   
   
2. Influencer Marketing: The Incorporated Society of British Advertisers published their new ISBA Code of Conduct in 2021. It's not a new set of rules, but a guide to 'best practice' when using influencer services. It aims to deliver the transparency consumers expect and deserve whilst enabling authentic and effective influencer marketing. Notably, it specifies #ad as it's preferred method of disclosure in favour of tools such as the paid partnership handle on Instagram. This year we saw the ASA uphold an interesting complaint against influencer Emma Louise Connolly in relation to promotional posts for a brand in which she was an investor.
   
   
3. Crypto & NFTs: The ASA has expressed concern that people are investing in crypto and NFT without fully understanding what they are, or the risks involved, are. They feel brands are not using appropriate risk warnings and are instead trivialising these investments and advertising them in a light hearted manner. The ASA has decided to issue a number of rulings in favour of new guidance and we've seen a number upheld complaints, including this one against Papa John's.
   
   
4. Data Protection Update: The Information Commissioner's Office (ICO) had a busy year in 2021, with over 25 rulings and millions in fines. We highly recommend that those who tend to take a riskier approach to their marketing strategies...