Marketing and Advertising Law

Advertising campaigns are one of the most common areas in which businesses might run into legal trouble. There are rules governing the claims you can make about a product’s efficacy and how you must be able to prove those claims, nuances about what types of products can be advertised and in what way, and even guidelines on how to avoid certain stereotypes when depicting people in your ads.

At JMW, our Media and Reputation Management team can help to ensure that your advertising campaign complies with the law, whether it is for print, broadcast or the internet. We have experience in ensuring that marketing and advertisements comply with guidance set by regulators such as the Advertising Standards Authority (ASA), Ofcom, and the Information Commissioner’s Office (ICO), so you can run your campaign without worrying about fines or your ads being taken down.

To speak to a solicitor about a matter relating to marketing and advertising law, contact JMW by calling 0345 872 6666, or by filling in our online enquiry form to request a call back.

How JMW Can Help

Our team is well versed in both traditional and digital marketing platforms. We have experience in the fast-developing area of influencer marketing, representing and advising influencers, agencies and brands to make sure they stay ahead of the game and on the right side of the law.

As well as reviewing content before publication to ensure it complies with all relevant laws and guidelines, we advise in relation to complaints and disputes that may arise once an advertisement reaches the attention of the general public. That may be a dispute with a competitor, where you have advertised claims that draw upon comparisons with your competitor, or with the ASA. With our knowledge and experience regarding the complexities of marketing and advertising law, we can help our clients to achieve their commercial objectives.

Because JMW is a full service law firm, we are able to offer specialist advice on adjacent topics like reputation management and intellectual property infringement. No matter the specifics of your case, we can offer the advice you need to best protect and further your brand.

Complying with Advertising Law

Creating a marketing campaign may take many months and many discussions with your marketing team, and careful consideration of the message that you wish to portray when marketing your brand.

Often the most effective advertising pushes boundaries to get people talking and it also needs to be seen by as many people as possible. The laws in this area can be nuanced and complicated, and seeking legal advice should be a key part of your strategy to avoid the risk of your campaign being taken down, or having to defend an advertisement.

You may decide to create an advert that makes comparisons with one of your competitors, or you may find that your business is the focus of a competitor’s own advertising. This is what is known as ‘comparative advertising’. There are strict guidelines and laws in place as to what comparisons you are able to make, and you must also consider whether you risk infringing upon the goodwill of your competitor in any claims about your own product or services.

Consulting with a legal expert beforehand can not only ensure that your advertising complies with all relevant laws and regulations, but help to further your brand’s goals by drawing on brand and reputation management expertise.

Businesses should be especially careful when planning digital marketing, as this is a rapidly changing sector of the industry, with many legal pitfalls that can be hard to avoid. For example, partnerships with influencers or paid advertisements on social media feeds need to contain an acknowledgement that they are adverts marketing a product to differentiate them from ordinary social posts. Companies and influencers have run into legal trouble in cases where these acknowledgements were found to be insufficiently clear, but the law in this area can be hard for businesses to understand and comply with, and while guidance is available, it does not cover every type of advertising you might want to use.

Targeted ads can also be affected by GDPR regulations, which allow users more control over the data that companies can store and use. If you are planning a campaign, it is best to get tailored legal advice ahead of time to avoid paying fines or appearing in court later on.