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  • Legal Briefing18th October 2018IPM Members only. Sign up for...
    Thursday 18 October 2018

legal Posts

Friday October 5, 2018 at 8:56am
Helen Hart, Regulatory Affairs Manager, IPMThe ASA hasrecently ruled on a series of HFSS advertisements in different media, as wellas gambling advertisements.  The commontheme of those adjudications was that the ads concerned had not been targetedcorrectly.  CAP also wrote to thegambling industry in October 2017 to ask it to amend or take down “freelyaccessible” advertisements that were of particular appeal to children.Separately,CAP has issued guidance this week on protecting vulnerable people inadvertising. The CAP and BCAP codes include rules focused on content designedto minimise the potential for ads to cause harm, as well as scheduling andtargeting rules which make sure vulnerable people do not make up adisproportionately large part of an ad’s audience. Ex... Read More..
Wednesday August 22, 2018 at 3:19pm
Helen Hart, Regulatory Affairs Manager, IPMWith the launch of thegovernment’s updated Obesity Strategy, the rules on advertising so-called junk food(foods high in fat, sugar or salt, HFSS) have been firmly in the limelight.Many organisations and well-known individuals are calling for stricter rules onadvertising to children, such as the much talked about 9pm watershed. TheCommittee on Advertising Practice is carrying out a 12 month review of its rules on HFSS advertising, and theAdvertising Standards Authority has issued several adjudications on HFSSproducts. This article considers those adjudications and their implications, aswell as exploring possible new rules.This full article is available to IPM Members only, click here to keep reading.To find out about IPM Membership benefits, ... Read More..
Thursday July 12, 2018 at 10:17am
Helen Hart, Regulatory Affairs Manager, IPMThe ASA has ruled this week on two 'winning moments' or algorithmic promotions, which have excited some controversy in recent months across various sections of the media. The complaints were upheld in relation to both promotions. The adjudications were made under the existing rules of the CAP Code, which set out principles and the ASA then interpreted the principles, assessing each complaint on its merits.   This full article is available to IPM Members only, click here to keep reading.To find out about IPM Membership benefits, including access to articles like this, click here.... Read More..
Thursday July 12, 2018 at 10:02am
Helen Hart, Regulatory Affairs Manager, IPMWe are well into a summer of sport with the World Cup,Wimbledon and the Athletics World Cup, among others - and we're getting intomusic festival season too. The IPM has seen a number of ‘win tickets’-stylebrand activations in the marketplace. While this can seem a great opportunityto give consumers access to these kind of events, promoters should beware.     It is not necessarily a breach of the CAP Code to give awayprizes without the brand owner's consent or knowledge, but unlike television,tickets or vouchers are a service and constitute a contract, and so will betreated differently in law.   This full article is available to IPM Members only, click here to keep reading. To find out about ... Read More..
Thursday September 7, 2017 at 11:52am
Describing social media as the “wild west” of advertising isa tired old cliché. But despite advances in technology, regulation and consumerunderstanding, it’s true that social media allows almost anyone to run a competitionor prize draw. As the BBC reported this week, some consumers are being scammed through illegallotteries, and it’s not uncommon for bloggers and small companies to offerprizes they struggle to fulfil. Even big brands can find themselves caught upin PR disasters – I’m sure Walkers would preferwe forget the sight of Gary Lineker waving a picture of Fred West all overTwitter.Stories like these can make both consumers and brands waryof social media. So what steps can you take to ensure your promotions stand outas ones you can trust?&... Read More..
Tuesday July 18, 2017 at 4:17pm
Laura Kelly, the IPM’s RegulatoryAdvisor speaks out on ASA’s tougher standards on Gender StereotypesThis week the ASA published a report, “Depictions, Perceptions and Harm”, following a major review of gender stereotypes inadvertising. It indicates that the ASA intends to take a tougher stance onstereotypical gender roles or characteristics which can potentially cause harm,both male and female. Some will consider this a long needed step in the right direction,but others a restriction on creative freedoms. So does the promotionalmarketing industry need to be worried? It’s rare to see complaints about harm and offence relatingto promotions – consumers are more often concerned with misleading headlines,missing conditions and making sure they get their ... Read More..
Friday June 30, 2017 at 9:18am
Laura Kelly, the IPM's Regulatory Advisor, talks about the CAP Code changes that come into force on 1st July 2017. I'm taking the top blog spot today with my summary of what you need to know about the CAP Code changes that affect the way we promote HFSS (high fat, salt or sugar) products to children and families. These changes are a result of industry-wide consultation and represent a significant shift in the way responsible promoters want to market their brands. Agencies need to understand the impacts on campaign planning and make sure they take into account the changes when considering campaigns around HFSS brands. Below I've summarised the key facts that you need to know now. There are of course many more questions you might need answers for, so get in touch with us over at th... Read More..
Friday April 14, 2017 at 3:32pm
CAP has published new guidance on non-broadcast ad placement. Protecting children and young people is at the core of the advertising rules and the work carried out by CAP. The IPM as part of the  CAP Committee, fully supports the new guidance issued.The guidance helps the marketers of age-sensitive products to abide by our media placement rules. Ads for age-restricted products and services must not appear in media:for children (under-16s) or children and young people (under-18s); and where children or children and young people make up a significant proportion – more than 25% – of the audience. Alcohol and gambling have long been subject to such rules. Recently, a media placement restriction was put in place for electronic cigarette advertising and, from July th... Read More..
Thursday February 9, 2017 at 4:06pm
Laura Kelly of the IPM’s Legal Advisory Service highlights some changes to the rules on putting prices in marketing communicationsThe Chartered Trading Standards Institute recently released the new Guidance for Traders on Pricing Practices. It replaces the 2010 BIS Pricing Practices Guide, long used by both advertisers and regulators to help establish best practice in line with consumer protection laws. But exactly how might this change impact promotional marketing?The first point to note is that the consumer protection laws have not changed; the guidance has been updated but the principles behind it remain the same, so it’s unlikely you will need to significantly change your current practices.  Remember the guidance is not legally mandatory but will be considered by regul... Read More..