How our solicitors can provide advertising compliance legal advice
Advertising law is ever-changing, and a solicitor can help you to keep on top of it. Our team of solicitors can help businesses of all sizes remain compliant with ASA regulations.
Reviewing marketing materials | Our team of legal experts can review advertising content to identify potential areas of non-compliance, ensuring that claims are substantiated and that legal risks are minimised. |
Guidance on digital marketing compliance | Businesses that use digital marketing to reach their audiences encounter many challenges. This includes helping businesses to follow the CAP Code or Non-Broadcast Code and GDPR compliance requirements in these areas. |
Handling complaints and investigations | Our solicitors can assist businesses in responding to complaints or investigations from the ASA or Ofcom, helping them defend their advertising practices or comply with rulings. This includes responding to the ASA and setting out your position on the advert and how it complies with the relevant code. |
Why choose Lawhive for advertising compliance legal advice
Our network of solicitors can give you fast, efficient advice on advertising law in the UK. We're not the same as a traditional law firm. We'll pair you with an expert commercial lawyer who has the background and experience that's perfect for your case.
Experience in advertising law: Our team of solicitors have years of combined experience in advertising law. They can advise your business on all areas of advertising compliance, ensuring you meet all legal requirements necessary.
Fast and efficient: We'll connect you to a specialist solicitor in up to 48 hours. Our Legal Assessment team will help find the perfect solicitor for you.
Cost-effective: On average, Lawhive can be up to 50% cheaper than a traditional law firm. Plus, we'll provide you with an instant fixed fee quote - there's no paying by the hour.
Costs and solicitor fees involved
The feeds for advertising compliance legal advice can differ depending on your case. The cost for a licensed solicitor to help with an advertising compliance assessment is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £375-£500, though that is a rough estimate.
The legal fees for handling complaints will also vary greatly. This will include responding to ASA complaints or investigations, the costs for defending challenges to advertising practices or negotiating settlements.
What can an advertising compliance assessment include?
An advertising compliance assessment is a process in which an advertising agency or company is assessed on their compliance with the Advertising Standards Authority (ASA) codes – there is one code for broadcast media and one for non-broadcast media. Let’s explore the key areas that can be covered in a compliance assessment:
Truthfulness of claims
ASA regulations state that all advertising claims must be truthful. Whether claims are regarding performance or product benefits, all advertising claims must be substantiated with evidence. When describing a product, advertising must describe costs accurately without hidden costs. Our solicitors can assess how accurate your business claims are and if they adhere to ASA regulation compliance.
The UK’s law on false advertising is governed by the Consumer Protection from Unfair Trading Regulations 2008 which prohibits businesses from misleading consumers in advertising and pursuing aggressive marketing practices. Businesses must ensure that their advertising does not deceive or manipulate consumers to remain compliant.
Pricing and promotions are always an important element of marketing. Businesses cannot falsely inflate prices to make discounts seem more appealing. Businesses may use the method of strike-through pricing by listing an original price with a strike-through next to a discounted price. However, they can only do this if the higher price has been used for a reasonable period.
Environmental and health claims
The ASA codes state that “The basis of environmental claims must be clear. Unqualified claims could mislead if they omit significant information.” Advertising assessments analyse whether sustainability or health-related claims comply with specific regulations for these sectors. For health claims, advertising is judged on the likely interpretation of claims by consumers, not the intent of the advertiser.
Other common legal issues in advertising law
The world of advertising is ever-changing, and so are the laws behind it. We’ve outlined some of the most common legal issues that we've seen crop up in the last 10 years.
Various types of adverts can appear on social media. In general, social media marketing brings risks including undisclosed sponsorships or failure to label advertisements clearly. The ASA has clear guidelines on social media marketing to consider, and the rest of the CAP Code still applies (which many businesses don't consider). The consequences can include advert bans or even enforcement action by the CMA and Trading Standards.
Comparative advertising
Though comparative advertising is legal, there are complex rules to stay compliant with. Most businesses will face pushback from the company being mentioned along with disputes around intellectual property infringement, trade libel and malicious falsehood. Businesses must ensure that comparisons are fair and not misleading under the Business Protection from Misleading Marketing Regulations 2008.
Environmental claims (greenwashing)
When making environmental or sustainability claims, businesses need to ensure they avoid "greenwashing" by making unsupported claims about their environmental impact. We’ve written a guide to greenwashing which explains why it can be damaging, the consequences and how to avoid greenwashing in advertising.
Get legal help today
If you're concerned about advertising law, ASA regulation compliance or general laws on false advertising, Lawhive can help. Our team of legal experts can provide thoughtful and cost-effective solutions that suit your business. Get in touch today for an instant fixed-free quote.
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