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Oreo ruling raises questions on the relationship between brands and vloggers
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Navigating your way through the minefield of consumer laws and regulatory codes of practice can be a daunting challenge. Our highly experienced team will work with you to evaluate and minimise the legal risks while helping you to achieve your commercial objectives.
If your business deals with consumers, we can provide advice on your consumer contracts, product liability and consumer protection issues, and on the rules relating to advertising, pricing, labelling and packaging.
We’re dab hands at drafting terms and conditions for use in connection with websites, promotions, online and offline sales, distance selling, privacy and cookies. Helping clients to navigate obligations such as under the Consumer Protection from Unfair Trading Regulations, the Distance Selling Regulations, the CAP and BCAP advertising codes, the Data Protection Act and E-privacy rules is at the core of much of our advice. We can also help you analyse the implications for your business of the new Consumer Rights Bill, as well as institutional changes such as the abolition of the OFT and the creation of the National Trading Standards Board.
Our regulatory work includes advising clients on a wide range of sector-specific obligations – special rules relating to alcohol, brands, consumer credit, cosmetics & medicines, data, gambling, film, food & drink, health & nutrition, marketing, music & video, online gaming, retail, software, sport and travel, to name but a few.
We can help to defend complaints or investigations by the many regulators involved, including the Advertising Standards Authority, ATVOD, the Competition and Markets Authority, the Food Standards Agency, the Information Commissioner's Office, the Medicines & Healthcare products Regulatory Agency, Ofcom, the Office of Fair Trading, PhonepayPlus, the Press Complaints Commission (or its successor), Trading Standards and sports regulators. And if you find yourself on the wrong end of a decision from the ASA or another regulatory body, we’re experienced in challenging their conclusions through their own internal appeal systems and ultimately, judicial review.
We are also more than happy to assist when the boot is on the other foot, for example if you need to make a complaint to a regulator about a competitor. If you’re in a sector where comparative advertising or copycat packaging is rife, our lawyers have a wealth of experience in helping clients to navigate the legal risks and to challenge unwelcome competitor activity.
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the Consumer Regulation team
Tough cookie: ASA announces new disclosure requirements for vloggingBy Jo Farmer, Daniel Bugler
Jo Farmer and Daniel Bugler look at the new (26/11/14) guidance on how the ASA expects vloggers to disclose their relationship with brands when content is paid for.
Advertising & Marketing Newsnotes - Issue 55 - November 2013By Chris Rycroft, Ned Lewis, Rebecca Craker, Joanna Martin, Daniel Bugler, Bryony Compson
The Advertising & Marketing Newsnotes cover recent developments in marketing law. Issue 55 covers Implied health claims for food subject to ASA scrutiny; Facebook relaxes its rules on running promotions; ASA revises its approach to Twitter disclosures; Trading Standards replace OFT as ASA backstop regulator; OFT proposes new Principles for in-app payments; Two ASA adjudications on claims to worldwide superiority; Proposed exceptions to copyright for parody and quotations; and the Government proposals for major consumer law reforms.
What would a Yes vote mean for ad regulation?By Brinsley Dresden
Brinsley Dresden is quoted in the Marketing Week article "What would a Yes vote mean for ad regulation?".