Do you clear advertising copy for your business?

Do you clear advertising copy for your business?

Do you advise on advertising materials for your business?  Do you know where to start?  Advising on what your advertising and sales colleagues can and can’t say can be a matter of “feel” and instinct – could it be misleading, could it be deemed offensive, does it inappropriately target children or the vulnerable: all the pitfalls that advertising lawyers try to deal with.  Nobody wants to deal with an ASA investigation or worse, interest from your local trading standards authority.  Even if the complaint isn’t upheld, it is time-consuming to deal with.

But how do you know what’s permitted and what isn’t?  The ASA’s adjudications are a good starting point.  Although they are not binding, they do provide examples of acceptable and unacceptable advertising. Did you know that the ASA holds a massive database of its past adjudications going back to 2010 on its website? We did a search on the ASA database today for the word “upheld” and found over 4000 adjudications.  That’s without the complaints that were not upheld, and without the complaints that the ASA dealt with informally.  And it doesn’t include all the c

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About the author:
Helen Hart studied in Cardiff and Germany and qualified as a solicitor in 1998 after a training contract at Allen & Overy in London and Frankfurt. She spent over six years working in-house at Centrica plc and Palm Europe Limited focusing mainly on consumer, advertising and data protection law before returning to private practice at Stevens & Bolton where she was an associate in the corporate and commercial team. She worked for a legal publisher between 2008 and 2012 and has also worked in local government library services. Her main areas of expertise are general commercial law, advertising law and consumer law.