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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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