Clearing your TV Ad for broadcast
The legal implications of using broadcast media for advertising are fairly complex. You must follow the broadcast codes that relate to taste, decency and product placement. There are also rules concerning advertisements aimed at children, distance selling, medicines and medical devices, weight control, gambling and alcohol and a raft of other legalities that need to be considered.
We often advise clients and agencies on the legalities of their advertising campaigns. If you'd like to talk through any concerns you might have, please get in touch.
Complying with advertising regulations
All marketing and advertising must be an accurate description of the product or service, legal, decent, truthful,honest and socially responsible. As well as these regulations, there are two advertising codes of practice that you must follow to ensure any promotion is legal as well as specific requirements that apply to certain sectors such as food, alcohol, beauty products, environmentally friendly products, medicines and tobacco.
Our team can talk you through the legal pitfalls and ensure any marketing or advertising you do to promote your business or your products is legally compliant.
Ensuring your advertising is not misleading
The Consumer Protection from Unfair Trading Regulations 2008 (known as CPRs) provide consumers with rights to remedy situations where a trader has engaged in misleading or aggressive practices. If you feel you have been a victim of aggressive, unfair or misleading advertising or sales practices, we can talk you through the options open to you.
Advertising Standards Authority
When advertising your business you need to be mindful of adhering to the relevant legal regulations set out by regulating bodies such as The Advertising Standards Authority, to ensure you don't mislead your customers.
Any branding, statement, quote must not be false or misleading and you're not allowed to advertise the sale of a product if you know you can't meet likely demand.
There are other legal requirements attached to online marketing, handing out brochures or flyers, signage and direct marketing.
We can help you through the marketing maze and ensure you don't contravene any of the legal requirements.
Dealing with Trading Standards
The Consumer Protection from Unfair Trading Regulations means if you are advertising to consumers, you are not allowed to mislead anyone by including false or deceptive messages in your advertising, leave out important information or use aggressive sales techniques.
If you are advertising to businesses you will need to follow 'The Business Protection from Misleading Marketing Regulations 2008' legislation. Breaking the regulations means you could face a fine, be prosecuted or imprisoned. We can talk you through the rights and wrongs of any advertising campaign and support you if you have come up against any problems.
Committees of Advertising Practice
The Committees of Advertising Practice (CAP) write and maintain UK Advertising Codes, which are administered by the Advertising Standards Authority.
If you're an advertising agency or marketing consultancy, or if your business is conducting an advertising or direct mail campaign, BPE's Commercial team can advise you on the relevant CAP Code of Conduct.
Comparative Advertising, how far can you go?
Comparative advertising, where you name a trademarked, branded competitor, is an area full of legal pitfalls. If you are considering such an approach, we can ensure the Ad is not misleading, meets the conditions set out in the Misleading and Comparative Advertising Directive and does not discredit the trademarks, trade names and any other distinguishing marks of your competitor.Â
Running a lottery, prize draw or competition
Whatever your size of business and the market you operate in, if you're trading in the UK and Europe, you need to be aware of competition law. It can be incredibly complicated, but if you make a mistake the consequences could be severe, with fines or even jail terms for directors.
We can help you make sure your agreements and business structures are compliant with competition law, keeping your business safe and helping you to operate more effectively, focusing on the business rather than the law.
If a company hasn't paid to be a sponsor of an event but gets free publicity by creating some sort of spectacle or putting their brand in places where spectators or cameras will see it, it's called Ambush Marketing. Key to whether Ambush Marketing is legal or not depends upon whether the goodwill of an event has been taken advantage of. Legislation is becoming more stringent and penalities for marketers found guilty of ambush marketing are becoming more severe.
If you'd like to talk through the legal do's and don'ts of Ambush Marketing or are being threatened with action due to a marketing stunt, please get in touch.
Marketing & PR Agencies
If you are working with Marketing, PR or Advertising agencies we can make sure any proposed campaigns are legally compliant and, should things not go according to plan, ensure your supplier contracts protect your business. Do you know exactly what you're paying your agency for? We can make sure you do.