Advertising and marketing

A key and often unique part of business strategy is how to get your message out there. We can help you with compliance to ensure you get it right and to resolve any issues or regulatory investigations after the fact. 

Businesses naturally want to shout about their best assets and promote their services, brands and products to celebrate success and articulate a USP. However, all advertising and marketing must be compliant with the UK’s law and regulation and, as the advertiser, this is primarily your responsibility. These rules do not just apply to “classic” obvious examples of advertising but also your social media feed, website content and any activation you might do.

This combined with multiple different frameworks to navigate as well as continually updated guidance and enforcement focuses to be aware of can make understanding the rules as they apply to your business complex. 

We can work with you before your ads go live to ensure they are compliant but also help guide you through the regulatory complaints process with the Advertising Standards Authority, Competition and Markets Authority, Trading Standards and sector regulators if you haven’t quite got it right.  

Our lawyers

Our lawyers will work with you and your marketing team to make your advertising and marketing vision a compliant reality by understanding your business, strategy and appetite for risk. 

Our experience

The unique selling point of a product or service, its cost effectiveness and/or reliability needs to be communicated legally and effectively. Promotions and prize draws need to be carefully structured to avoid being caught by gambling regulation and comply with specific sector rules including restrictions for foods high in fat salt and sugar. Specific rules on health claims, comparative claims and sustainability claims need to be factored in as do the IP considerations (e.g. for trade marks and passing off).

Our team of lawyers provide specialist marketing and advertising advice combined with an in-depth knowledge of intellectual property, consumer protection, antidiscrimination, digital markets, disputes and sector specific regulations such as food and life sciences law. 

We assist a range of clients from leading global brands to disruptive newcomers. Our aim is to be part of our client’s trusted team, providing market-leading, pragmatic and commercial legal advice to clients who choose us because of our understanding of what they need, the key issues that impact on their market and who share their passion.
Our recent experience includes:

  • Supporting a national certification body in relation to a long running Advertising Standards Authority complaint regarding alleged green washing.

  • Providing ongoing copy clearance support for a major US manufacturer of toys including advice on compliance with advertising, marketing and toy regulation.

  • Advising a major cinema chain regarding the incoming marketing restrictions on HFSS products.

  • Providing strategic input to an international client into the online distribution of over the counter medicines and related medical devices in the UK, including advising on pharmacy regulations and advertising claims relating to the product.

  • Successfully resolving an ASA complaint made against a national drinks manufacturer for a misleading advert on the discontinuation of an iconic brand’s packaging and providing clearance advice on recycling marketing assets in preparation for a new campaign.

  • Advising a feed supplement brand on how to ensure its comparative advertisements are compliant, including permitted use of third party intellectual property rights for comparative advertising.

  • Acting for and advising a major home improvement company in a relation to an ASA complaint filed against it and providing further advice on ongoing compliance with advertising codes.

Meet the team

Get in touch

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