Carlton Daniel

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The Broadcast Committee of Advertising Practice (“BCAP”) has recently issued revised guidance on the use of superimposed text (“supers”) in TV advertising. Advertisers often use supers to help avoid misleading viewers, as supers can convey information (required for legal or regulatory purposes), to qualify claims made in television ads. However, research by the Advertising Standards Authority (“ASA”) established that some consumers find certain supers difficult to read and comprehend, with viewers expressing particular concerns around…
Earlier this month the ASA announced its new strategy, More Impact Online, which aims to advance its regulation of online advertising over the next five years. The strategy has been developed following consultation with consumers, industry organisations and the government, and recognises the need for the ASA to move forward and adapt to the changing world of advertising, as well as to build trust – with both the public and across the industry –…
Back in May this year, the Committee of Advertising Practice (CAP), which authors the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code), launched a consultation (the Consultation) on changes that may be required to the CAP Code on the issue of administration of prize promotions. This followed the introduction of the General Data Protection Regulation (GDPR). The Consultation was completed on 19 June 2018. Following the Consultation, CAP has agreed…
The Competition and Markets Authority (CMA) in the UK is launching an investigation into concerns that social media stars and influencers may not be declaring payments or rewards when they endorse goods or services online. UK Consumer law Consumer law, under the Consumer Protection from Unfair Trading Regulations 2008, requires that if a blogger is paid to promote a product or service, they must make clear to their audience that it is in fact a…
What is a comparative advertisement? The EU Misleading and Comparative Advertising Directive 2006 (the “Directive”) defines a comparative advertisement as an ad that explicitly or by implication identifies a competitor or goods or services offered by a competitor. It seems like an intuitive concept, but there are a whole host of legal requirements, which advertisers should bear in mind when considering a comparative advertising campaign.…
Retailers should continue to monitor the Committee of Advertising Practice Code (CAP Code) governing the advertising of High in Fat, Salt and Sugar (HFSS) products to children. Last year, CAP introduced rules banning the advertising of HFSS products in children’s media and media where children comprise at least 25% of the audience. This includes placing ads within 100m of a primary school, for example. CAP intends to restrict the advertising of products that “most contribute…
The practise of employers using their employees’ images and names within marketing materials (from graduate recruitment materials and internal-only promotions, to nationally distributed campaigns) has become a riskier strategy in light of the consent requirements under the General Data Protection Regulation (GDPR), which recently came fully into force across the EU.  Even where employers have obtained an employee’s consent to process personal data for the purposes of these types of campaign, the inclusion – in…
The Court of Appeal has allowed an appeal from the judgment of a High Court case, which concerned the question of whether a licence to use electronically supplied software amounts to the “sale of goods” under the Commercial Agents (Council Directive) Regulations 1993 (“Regulations”).  This question is important, given the significant protections and post-termination payouts afforded to agents who qualify under the Regulations. In a judgment with which the other Lord Justices agreed, Lady Justice…
Squire Patton Boggs has secured victory for its client in the Court of Appeal in one of the first cases to apply the Supreme Court’s seminal ruling in Wood v Capita on the approach to contractual interpretation. What happened in this case? Squire Patton Boggs acted for Process Components Limited (PCL). KPTL was a company operating in the field of powder processing and handling. Its business consisted of four areas known as ‘Unit Machines’, ‘Systems’,…
Can a consumer successfully challenge an ‘excessive’ cancellation fee under the Consumer Rights Act 2015? The High Court recently answered this question in Casehub Limited v Wolf Cola Limited. In this case, the defendant (W) sold cloud storage solutions to consumers on its standard terms and conditions. It charged customers a £20 per month subscription fee for a minimum fixed term of 12 months. If the customer terminated the agreement within the minimum term,…