0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

how do you stop an advertisement being banned?

24 September 2009

On Wednesday the ASA upheld a complaint, made by the Asbestos Watchdog, about the accuracy of the statistics quoted in the HSE’s ‘Asbestos: The Hidden Killer’ advertising campaign.  The HSE have stated that they are disappointed with the ASA’s decision. They consider it to be only on a technicality and they intend to request a review by the Independent Reviewer of ASA Adjudications.

This case shows how a single complaint by a body with a vested interest could potentially result in an entire campaign being banned from publication, despite an advertiser believing it has sufficient evidence to prove the claim. Many complaints to the ASA are upheld, and overturning an ASA decision on appeal will not be easy.

To minimise the risk of a successful complaint being made, advertisers need to be able to produce significant evidence to substantiate their claims and also seek legal advice both prior to embarking on any advertising campaign, and after receiving any complaint.

Considering the money (in this case public funds) which gets invested in advertising campaigns, is it too easy to get an advert banned?

related opinions

Supreme Court awards compensation to a Professor for an invention created during his employment

A recent decision by the Supreme Court in Shanks v Unilever PLC has supported the right for employees to receive compensation for patented inventions if the invention is of ‘outstanding benefit’.

View blog

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

View blog

CJEU shapes up nicely for Louboutin red sole trade mark

The Court of Justice of the European Union has today given its judgment in relation to a key issue in one of the most hotly debated trade mark disputes in recent times.

View blog

Commission requires delivery service providers to reveal price lists with new rules

Rules to enhance regulatory oversight and improve pricing transparency of cross-border parcel delivery services were adopted by the European Council on 12 April 2018.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up