A Handy Guide to UK Advertising and Sales Promotion Law
A Handy Guide to UK Advertising and Sales Promotion Law
UK Advertising and Sales Promotion Law
Key Contacts
Disputes
Michael Skrein
Carolyn Pepper
Emma Lenthall
Louise Berg
Tania Evans
Tina Sany
For advice on content and disputes please contact Michael Skrein at mskrein@
Commercial
Tom Webley
Jonathan
Berger
Stephen Edwards
Philip Taylor
Daniel Barnett
Greg Pryor
Neil Gillard
For advice on commercial agreements, digital and other media please contact Jonathan Berger at jxberger@
Sakil Suleman
Life Sciences
John Wilkinson
Alison Dennis
George Pickering
Nicola Maguire
For advice on life sciences and healthcare please contact John Wilkinson at jwilkinson@
Data Protection
Cynthia O'Donoghue Jeff Rodwell
Bob Stankey
For advice on data protection please contact Cynthia O'Donoghue at codonoghue@
A Handy Guide to UK Advertising and Sales Promotion Law
An Introduction
1
The Reed Smith Advertising Team has represented clients in the advertising, marketing and promotion industries for more than 50 years.
Our UK advertising lawyers have vast experience of advising clients in relation to a wide range of areas including licensing, sponsorship and events, media buying, production agreements, mergers and acquisitions, celebrity endorsements and sales promotions.
This booklet draws on our expertise in advising on clearances, ASA complaints and disputes involving issues such as the use of music and images in advertisements, defamation, trade marks and comparative advertising.
Our clients include brand-name advertisers, advertising agencies, production companies, advertising agency networks, talent payroll companies, media companies, technology companies, publishers, film studios, broadcasters, leading trade associations, authors, musicians and celebrities. We also advise on advertising and sales promotion issues for clients whose mainstream activities are in other fields, such as financial services, IT, insurance, leisure, music, food and drink, sports services, technology, aviation and shipping.
Our specialist life sciences group advises on all legal issues connected with advertising in the biotech, pharma, device and medical technology fields as well as related areas such as cosmetics and functional foods.
This Guide is intended to provide a general introduction to the law of advertising in the UK. It is not intended to provide comprehensive legal advice or guidance (if it did we would be putting ourselves out of a job). We hope it contains sufficient information to ring alarm bells in appropriate circumstances.
We hope that you enjoy using it and will contact us if you need to know more.
Reed Smith
A Handy Guide to UK Advertising and Sales Promotion Law
Contents
3
Contents
An Introduction The Advertising Standards Authority Non-Broadcast Advertising Regulation Broadcast Advertising Regulation Restrictions on Advertising Food and Drink to Children PhonepayPlus Copyright Design Right Trade marks Passing Off Privacy and Confidence Libel and Malicious Falsehood Contempt of Court Programme Sponsorship Comparative Advertising Using Celebrities in Advertising Sales Promotions Advertising and Selling Online, via E-mail and SMS Misleading Advertisements London Olympics 2012 Index Advertising Key Contacts
Page No.
1 5 9 17 23 27 31 41 45 51 55 61 67 71 75 83 87 93 97 105 113 121
5
The Advertising Standards Authority
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