Court of Appeal sets out guidance for how long to wait when terminating a...
Etihad Airways – the Abu Dhabi airline – was a sponsor of the Force India Formula One racing team when the team had been called Stryker. The team had a further investor which owned the Kingfisher beer...
View ArticleRetailers can compare food products in adverts even if the products are not...
Lidl objected to an advert published by Leclerc (another shop) which sought to compare the shopping bills from the two good retailers. Lidl argued that the advert was misleading as it did not compared...
View ArticleArgos cautioned by the ASA
The Advertising Standards Authority (ASA) has decided that an advert for Argos, in which it was claimed to customers that Argos would ‘deliver when you want at a time slot that suits you’, was...
View ArticleOFT promises to crack down on drip pricing and other misleading practices
The Office of Fair Trading has promised to crack down on misleading selling practices. It says that drip pricing is particularly harmful to consumers. This is the practice whereby additional charges –...
View ArticleOFT sends message to online world that paid-for content appearing to be...
The Office of Fair Trading has sent down a clear message to the online community that web sites which purport to give independent reviews or material but are not really independent because they charge...
View ArticleASA: advertiser should have disclosed that it had commercial interest to show...
The Good Garage Scheme ran a television advert for people who wanted to be sure they were getting a good garage to service or repair their car. The ad said that users could simply type in their...
View ArticleASA rules against advert denigratory about competitor even if not expressly...
The Advertising Standards Authority has ruled that Imagine (an estate agency) broke the CAP Code by making an advert that was misleading and unfairly denigratory of a competitor (Claret), even though...
View ArticleASA decides Vitamin Water not “nutritious”
The Advertising Standards Authority has ruled that a Coca-Cola advert for Vitamin Water, one of its products, is misleading as it described the product as “nutritious”. The ASA considered that for a...
View ArticleRead the small print? Make sure you can…
The Advertising Standards Authority (ASA) has ruled that small print on advertising posters should be clearly visible to a normally sighted person reading the marketing communication once from a...
View ArticleMoneysupermarket told to substantiate their claims
The Advertising Standards Authority (ASA) has ruled that a Moneysupermarket advert should not be shown again in its current form as it breached the BCAP TV Code. The ASA ruling considered a complaint...
View ArticleYSL addiction stopped
The Advertising Standards Authority (ASA) has ruled that an advert for the Yves Saint Laurent perfume ‘Belle D’Opium’ should not be shown again in its current form as it breached the BCAP Code. The ASA...
View ArticleConsumer protection body claims first victory under misleading selling laws –...
The Consumer Protection from Unfair Trading Regulations 2008 (CPR) have had their first airing in the High Court, with the Office of Fair Trading (OFT) successfully bringing proceedings against a...
View ArticleComparative advertiser told not to fan the flames in unfair treatment of...
Kingspan made construction products that included insulation boards and panels made with plastic foams. Rockwool produced stone wool, which was used as the insulating core of panels made and sold by...
View ArticleOfcom says ISPs should advertise average broadband speeds rather than maximum...
Ofcom, the communications regulator, has said that Internet service providers should be required to advertise the average speeds rather than the theoretical maximum speeds or “up to” figure for...
View ArticleOFT takes action against bait pricing by collective purchasing website
The Office of Fair Trading has obtained written undertakings (or promises) from a website called Groupola, which used tactics that the OFT claimed were a breach of the Consumer Protection from Unfair...
View ArticleM&S finds keyword advertising policy not smelling of roses as Advocate...
An Advocate General has given his view to the European Court of Justice in a trade mark infringement case involving keyword advertising. The case revolved around M&S sponsoring “Interflora” as a...
View ArticleCompany told to change its tune so ads wouldn’t suggest copying music onto...
3GA Ltd has been told to change its tune after its ads for its JB7 machine had been interpreted as suggesting that its products could be used for a way that infringed copyright. The JB7 machine was a...
View ArticleLaw Commission consults on new laws to give consumers rights to compensation...
The Law Commission is consulting on new laws that would give consumers the right to claim compensation and redress from businesses for misleading and aggressive selling practices. The Consumer...
View ArticleOFT wins court order against online trader who refused to deliver on time or...
The Office of Fair Trading has successfully obtained a judgment in Cardiff County Court against an online trader who breached various consumer laws. In particular, Mr Arora: Failed to deliver the...
View ArticleLaw Commission consults on new law to give consumers remedies for misleading...
The Law Commission is consulting over new laws to better protect consumers against misleading selling. The Government implemented the European Union’s Unfair Commercial Practices Directive 2005 with...
View ArticleASA in double whammy against L’Oreal
The Advertising Standards Authority (ASA) has issued two rulings against L’Oréal for the use of ‘digital manipulation’ in its adverts. The two magazine adverts, one relating to “Teint Miracle”...
View ArticleBritish Gas finds itself in hot water and is told to cool down claims of...
British Gas has been given a roasting by the Advertising Standards Authority after the heating giant fell foul of a claim that it was “committed” to carry out same-day visits to customers with no...
View ArticleASA issues guidance on advert airbrushing
The Advertising Standards Authority has issued guidance on use of airbrushing in cosmetic adverts, after ruling that some magazine adverts had been misleading because of their exaggerated product...
View ArticleTripAdvisor strongly denies claims of dishonesty on its site as ASA...
TripAdvisor – the website where travel lovers post reviews of their holiday experiences – is coming under the scrutiny of the Advertising Standards Authority after a complaint has been that its site...
View ArticlePrice comparison sites that only compared their own products told not to be...
Two price comparison web sites have been ordered by the Office of Fair Trading to come clean and be clearer about whether they are in fact their comparing prices with those of third parties. One...
View ArticleBT Infinity ad wording ruled by ASA to be misleading
The Advertising Standards Authority has ruled that BT’s wording in its adverts for the BT Infinity broadband service were misleading and should not be repeated in their current form. The investigation...
View ArticleNew ISP guidelines for advertising “unlimited” and “fast” broadband
The Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have, following a consultation, published guidance for Internet Service Providers (ISPs) on the...
View ArticleASA reports surge in complaints for it to deal with incorrect messages on...
The Advertising Standards Authority has dealt with a surge in complaints about breaches of the CAP Code since its remit was extended to regulate content on people’s own websites. The CAP Code is a code...
View ArticleASA tells competitors to try to resolve disputes amicably before involving...
The Advertising Standards Authority has told businesses that they should try to resolve disputes with their competitors before flagging them up with the ASA. The ASA is the industry’s voluntary...
View ArticleASA reiterates that card surcharges must be well indicated
The Advertising Standards Authority (ASA) has upheld a complaint that it received in relation to a website that was not clear about credit and debit card surcharges. The website had added a £1 or £2...
View ArticleGovernment announces action against payment card surcharges
Following the Office of Fair Trading’s response to a super-complaint by the consumer watchdog “Which?” in relation to payment surcharges in the transport industry, HM Treasury and the Department for...
View ArticleAffiliate marketing network provides undertakings to OFT
MoreNiche Limited (M), a company which runs an online network for 30 merchant businesses and nearly 150,000 affiliate marketing businesses, has given legal undertakings to the Office of Fair Trading...
View ArticleASA prohibits use of “NHS” in domain name despite clear statement that not...
The Advertising Standards Authority has told a business not to use “NHS” within its domain name in an advert because it would be misleading. This was despite the website clearly stating “This web site...
View ArticleOFT investigates furniture and carpet retailers for misleading pricing
The Office of Fair Trading is investigating furniture and carpet retailers over alleged misleading reference pricing. The OFT is concerned over the effect of reference pricing on consumers. Reference...
View ArticleASA clarifies rules over responsibility for user-generated content
The Advertising Standards Authority has clarified the rules regarding the responsibility for user-generated content on websites. The ASA, which administers the CAP Code, said that it would not hold...
View ArticleASA warns against misleading trade mark registration or renewal bodies
The Advertising Standards Authority has sounded a note of caution for people receiving misleading trade mark registration or renewal services. A business received a renewal invoice that looked to be an...
View ArticleFCA investigates insurance price comparison sites over misleading allegations
The Financial Conduct Authority is investigating motor, travel and home insurance price comparison web sites. The FCA is concerned that consumers are misled and do not have information displayed in an...
View ArticleOfficial-looking websites warned off by CAP
The Committee of Advertising Practice has written to so-called “copycat website” businesses – which suggest that they are official Government channels when this is not the case. CAP has warned about...
View ArticleASA gives High Court food for thought with interchangeability issue in...
Sainsbury’s Supermarkets Ltd, R v The Independent Reviewer of Advertising Standards Authority Adjudications, High Court The High Court has made a ruling in respect of comparative advertising...
View ArticleInternet Advertising Bureau provides guidance on native advertising
The Internet Advertising Bureau has published guidance on native advertising. This is advertising that combines advertising with editorial content. The aim is to help people involved in commissioning...
View ArticleBusiness charging consumers for service that consumer could get for free may...
Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd, Court of Appeal PLT ran a service designed to reduce unsolicited marketing calls and junk mail. It asked consumers to...
View ArticleCompetition and Markets Authority looking into trustworthiness of online reviews
The Competition and Markets Authority has launched a call for information to try to understand how businesses use online reviews. The UK’s competition law regulator wants to look into whether the...
View ArticleCMA obtains undertakings from secondary ticketing websites to give consumers...
The Competition and Markets Authority has published certain letters that it has written to business resellers of tickets and businesses that operate secondary ticketing platforms. The CMA has confirmed...
View ArticleSingle incorrect information can amount to “misleading commercial practice”
Nemzeti v UPC, European Court of Justice The European Court of Justice has confirmed that a single act in respect of a single consumer can amount to an unfair commercial practice contrary to the Unfair...
View ArticleBusinesses to have more options with limited availability in sales promotions
The CAP Code has been updated in May so that the sales promotion rules now permit greater flexibility for the operators of those promotions. The CAP Code is the voluntary code of practice for...
View ArticleCMA investigates whether businesses have paid for online endorsements in...
The Competition and Markets Authority is investigating whether businesses have breached the Consumer Protection from Unfair Trading Regulations by paying for online endorsements of their goods and...
View ArticleCMA pours cold water on Which? super-complaint about retailer promotion...
The Competition and Markets Authority has reported on the super-complaint by Which? after the consumer watchdog had reportedly compiled a dossier of poor pricing behaviour by supermarkets. The CMA had...
View ArticleBIS report shows brand owners more concerned than consumers with copycat...
The Department of Business Innovation and Skills has published a report on dealing with copycat packaging. The Consumer Protection from Unfair Trading Regulations 2008 prohibits misleading commercial...
View Article
