This article provides a selection of the most interesting ASA
adjudications from February and a summary of the key issues
considered in those adjudications. In particular, the ASA
considered three L'oréal adverts and their use of post
production techniques, and adjudicated on the well-publicised
complaints against various claims on the TripAdvisor website. The
ASA also considered complaints against a number of adverts
featuring sexual imagery, with the outcomes differing predominantly
depending on whether the imagery related to the advertised
products.
This month also sees the OFT launching a review of the payday
lending sector, following serious concerns that some lenders may be
targeting and taking advantage of those in financial difficulty.
The fast-growing sector is widely advertised, with lenders such as
Wonga and Quick Quid advertising on mainstream TV channels. The
review will further investigate compliance with the Consumer Credit
Act and update current OFT guidance on irresponsible lending.
Click here to view the Snapshot in full.
ADJUDICATIONS
COSMETICS
1. Henckel AG & Co KGaA t/a
Schwarzkopf, 1 February 2012 (The ASA considered claims in
relation to hair colouring products)
2. L'oréal (UK) Ltd t/a L'oréal
Paris, 1 February 2012 (The ASA considered three separate
adverts on the basis of whether they misleadingly exaggerated the
effects that could be achieved by the advertised products)
COMPUTERS AND TELECOMS
3. LG Electronics Ltd, 1 February 2012
(Samsung successfully challenged a number of claims made by LG
in respect of its HD TV technology)
4. Virgin Media Ltd, 15 February 2012 (The
ASA considered complaints by BSkyB in respect of comparative
adverts for TV set top boxes and capability claims)
ENERGY
5. Solarking UK, 15 February 2012 (The ASA considered whether the claim 'become energy bill free' could be substantiated)
FASHION
6. Levi Strauss & Co t/a Levi's, 1
February 2012 (A magazine advert showing young people holding lit
fireworks was found to be harmful and irresponsible)
7. Marks and Spencer, 15 February 2012
(Complainants challenged whether moving display lingerie adverts
were offensive and inappropriate)
FOOD & DRINK
8. Aldi Stores Ltd, 1 February 2012 (The
ASA considered comparative claims relating to supermarket
goods)
9. Kellogg Marketing and Sales Company (UK)
Ltd, 1 February 2012 (The ASA considered whether adverts
for cereal products breached health and nutrition Code rules)
10. Antonio Federici, 29 February 2012
(Complaints that a magazine advert for ice cream was offensive on
religious grounds were not upheld)
11. Bacardi-Martini Ltd, 8 February 2012 (The
ASA considered whether an online prize promotion by Bacardi on a
radio station website was appropriate)
TRAVEL & TOURISM
12. Ryanair Ltd, 15 February 2012
(Complainants challenged whether newspaper adverts were sexist,
objectified women, offensive and unsuitable for display)
13. TripAdvisor LLC, 1 February 2012 (The
ASA considered whether travel reviews could be claimed to be
genuine)
HOUSEHOLD
14. The Sofa King Ltd, 29 February
2012 (The ASA upheld complaints against an advertising slogan
alluding to a swear word)
15. Robert Dyas Holdings Ltd, 8 February
2012 (A savings claim was considered to be misleading following
failure by the advertiser to provide substantiation of the
product selling for the higher advertised price)
16. Comet Group plc, 8 February 2012 (The
extent of savings on discounted products was challenged)
17. The Hut.com Ltd t/a IWantOneOfThose.com,
15 February 2012 (The ASA considered that advertisers had not made
a reasonable estimate of the likely response to a promotion)
OTHER
18. MyCityDeal Ltd t/a Groupon UK,
1 February (The ASA held that there was no evidence to substantiate
that a sportswear product could aid weight loss or reduce
cellulite, whilst the OFT announced the results of its
investigation into Groupon's trading practices)
19. Electronic Arts Ltd, 8 February 2012 (An
advert for a video game was considered to be light hearted and
mildly suggestive rather than overtly sexual and offensive)
20. Cassava Enterprises (Gibraltar) Ltd t/a
888.com, 29 February 2012 (The complainant challenged
whether an advert for online poker linked gambling to seduction and
sexual success)
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 29/03/2012.