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Legal eagle

The latest information and expert tips on marketing law
from Anna Montes


  • Up to date? 2011 was a trailblazing year for marketing law from green claims to social media ads, hardly a month went by without an update. So did you stay on top of it all?
  • Posting Notes Data management for low cost, high tech e-mail marketing to consumers may be keeping you on your toes but what about direct marketing by post?
  • Right ingredients? Claims about a food's nutritional value will be scrutinised, especially if it's high in fat, salt or sugar and aimed at kids
  • Keeping it above board It's not only offering or receiving a bribe that spells trouble - failing to prevent bribery is also an offence under new legislation coming into play
  • Playing by the rules Marketers need to ensure they're familiar with proposed restrictions on advertising activities during the London 2012 Olympic Games
  • Three steps to clean green heaven Why contaminate your campaign with a non-compliant claim when Defra's guidance can help you keep it pristine?
  • TV product placement is here Still cringing from the painful product plugs in the last Bond film? Get used to it product placement is here to stay
  • Transparent relationships Marketers must ensure that content published on social media reveals any relationships with brands and sponsors
  • A regal marketing plan Anticipation for the royal wedding is building as 29 April approaches - but can marketers make use of public interest in the event by referring to it in their advertising campaigns?
  • Whose prize is it anyway? Prize promotions can be more legally complicated than you'd think read on to avoid looking like a prize plum
  • ASA to regulate online advertising Non-broadcast advertising guidelines are being extended to cover online marketing and will be regulated by the Advertising Standards Authority
  • Spinning out of control? Advertisers will fall foul of the CAP codes if they put a positive spin on the outcome of a survey for the benefit of a marketing claim
  • Cough up for the competition? The free handling of advertising complaints made by competitors is under the microscope at the ASA and could soon be subject to fees
  • Get ready for the new ISO Standard on brand valuation If you thought brand value was hard to pin down, think again, says David Haigh
  • Virals aren't immune to the law Encouraging customers to forward e-mails to a friend may seem innocuous, but it is not without some legal risks
  • Marketing or bribery? Supplier incentive schemes and corporate hospitality could become largely things of the past under new bribery legislation
  • New rules for advertisers The wait is over. The new advertising codes have been released and come into effect in September - be prepared
  • Coming to a TV screen near you Product placement has finally been given the go-ahead for UK advertisers, but marketers will have to comply with plenty of extra ...
  • Last chance to clean up ICO has long sought sharper teeth, and it's getting its way which means advertisers and agencies need to reassess their data activities
  • Image conscious Advertisers must tread carefully when using photos of people even employees in marketing campaign communications
  • Retirement and discrimination Just as the High Court has cleared up the legal situation on default retirement age for employers, the government...
  • Editorial or advertorial? Editorial content can become an advertiser's responsibility when it forms part of an advertising deal
  • Putting your foot in it One man's idiom is another man's insult in today's politically correct world, so how can marketers avoid causing unintentional offence?
  • Dare to compare Trademark references and comparative advertising claims face new rules that may be tough on challenger brands
  • TV sponsors under scrutiny TV sponsorship credits have come under the scrutiny of Ofcom as this marketing channel grows even more popular
  • Boozy blunders As awareness of alcohol abuse continues to grow, can advertisers portray the social use of alcohol without overstepping the mark?
  • The rules on moving the goalposts It's all too easy to spot the problems with a promotion once it's underway, but can you change or cancel a prize promotion once it has started?
  • Health claims are knocked into shape If you market your product on its nutritional or healthy properties you need to be aware of stringent new regulations
  • No room for small print Advertisers must present consumers with adequate information - but how do you cram it all into a text or banner?
  • Think you're better? Prove it There's no rule against superlatives, but if you claim you're cheaper or classier, bigger or better, you need evidence
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