Advertising and marketing law

Advertising and marketing are crucial to every business. Great ads can build brands, engage consumers and inspire behavioural change. When things go wrong, disputed claims can erode consumer trust and directly impact the bottom line.

Challenges against your advertising - whether from a consumer, competitor or regulatory authority - cost time, energy and money.

Knowing how to protect your business from potential regulatory and compliance risks without losing creative momentum is vital. Bringing clarity to complexity, we ensure businesses can make informed choices.

Our legal expertise

We know the Ad Codes and the laws they reflect.

• Consumer protection: Your advertising must comply with consumer protection law. The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing and The UK Code of Broadcast Advertising (the Ad Codes) reflect the law but not all the law. We know both.
• Green claims: Claims regarding the impact product and services have (or don’t have) on the environment are a perennial hot topic. We can support with evidence assessment, likely interpretation and potential compliance under the Ad Codes and the Competition and Markets Authority (CMA) Green Claims Code.
• Comparative advertising: if you’re looking to compare against your competitors you need to be prepared. We have expertise in supporting businesses to make and defend comparative advertising claims of all kinds including pricing comparisons. The team’s advertising regulatory knowledge is backed by our excellent intellectual property credentials.
• Pricing: We can help with your reference pricing claims and substantiation as well as advise on pricing transparency requirements.
• Prize promotions: Whether it’s a fun giveaway or a competition with a sumptuous prize, there are requirements for how promotions should be run as well as how they are advertised. We can advise on terms and conditions to ensure that you are protected contractually whilst staying alert to the Advertising Standards Authority’s (ASA) expectations for a fairly conducted promotion.
• Influencer marketing: The requirement for an ad to be obviously identifiable as such isn’t new, but regularly puts influencers and the brands who use them in the spotlight. We can advise on appropriate labelling, what claims can be made and whether influencer advertising would be permitted for the product. We also regularly advise on contracts for engaging influencers, collaborators and ambassadors to protect your business and support your campaigns.
• Product specific advice: When it comes to regulatory requirements, not all products and services are equal. Our consumer regulatory experience means we can help with the crucial question of product categorisation. We can help resolve sector specific challenges when advertising products which have additional restrictions. Examples include:
  • product specific claims (e.g. health and nutrition claims for food, drink and food supplements)
  • restrictions on content and presentation of the product (avoiding strong appeal to under 18s in gambling ads, not encouraging irresponsible drinking)
  • limitations on media placement and scheduling (electronic cigarettes, foods high in fat, salt and sugar (HFSS) and ‘less healthy foods’)

We know the Ad Codes and the laws they reflect.