Category Archives: Non-US

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Keep Calm and Carry On: Data Protection Post Brexit

Brexit is likely to cause years of future uncertainty around data protection, including the legal mechanisms for data transfer to countries outside of the United Kingdom (“U.K.”). In the short term, there will be little to no impact on existing data transfer solutions implemented by companies that rely on the U.K. as an entry point into … Continue Reading

How to Avoid #Translation Fails in Your Next Marketing Campaign

It is no surprise that each year more advertisers are turning to bilingual and foreign language advertising to market their products. According to U.S. census data, over 55 million Americans speak a language other than English in the home. Spanish language advertising, in particular, has increased over the years, in response to the growth of … Continue Reading

Don’t Import Compliance Troubles—New Supply Chain Law Goes into Effect

In March, a new federal law quietly went into effect that places additional pressure on importers to develop compliance systems for their supply chains, including identification of items potentially made with forced labor. The Trade Facilitation and Trade Enforcement Act of 2015 (Trade Act) prohibits the import into the United States of goods, wares, articles, … Continue Reading

NAD Sure Don’t Like Those Christmas Cookies Babe

Well not exactly.  They do not care for Indonesia Butter-Flavored Cookies labeled as Danish Butter Cookies.  But it gave us an opportunity to share one of our favorite country Christmas songs from George Straight with our dear readers: We blogged about this case when it came out this summer.  The NAD recommended the company discontinue … Continue Reading

Fantasy League Competitors Battle on the NAD Court for Decision Over Who Can Claim “Largest US-Based Website”

We love a good March Madness legal blog (see here and here and here)  and NAD gave us some great fodder this month deciding a case between two large daily fantasy sports league websites.   This one wasn’t exactly an upset like so many of the games this year leading to the Sweet 16.   DraftKings claimed … Continue Reading

Don’t Let the Stars in Your Eyes Blind You to the Risks of Celebrity Ad Campaigns

It’s the time of year when we Americans honor the Stars and Stripes, but people all over the world get starry-eyed over celebrities.  Recognizing this, advertisers like to use celebrity images in advertising.  Recently, we wrote about Katherine Heigl’s $6 million lawsuit against Duane Reade for a tweet using her photo without her permission, and … Continue Reading

ASA v ECJ: Is a misleading advertising claim still misleading if you’ve undertaken due diligence?

Editor’s Note: As promised, here is an update on ASA Developments from our friends at Lewis Silkin LLP. We were very interested in this case development from the UK around the issue of whether good faith reliance on a third party’s representations is sufficient due diligence to support claims. Below you will find an alert … Continue Reading

How “Reasonable” is the “Reasonable Consumer”? Differing American and Canadian Perspectives

Last year, the Supreme Court of Canada’s much-anticipated Richard decision signaled a shift in Canadian consumer protection law and a rejection of the traditional “buyer beware” standard.  What the Richard decision means for businesses marketing products on both sides of the border remains an open question, although for the time being caution should be exercised … Continue Reading

ASA Requires Virgin Media To Replay Free TiVo Offer

British Sky Broadcasting (“Sky”) together with members of the public challenged whether references in Virgin Media’s adverts for a “Free TiVo Box activation” for the TiVo service from Virgin were misleading and could be substantiated. The complainants suggested that the ads were misleading because they failed to make it clear that an installation charge of … Continue Reading

UK Self-Regulatory Body Holds That Exclusions Should Be More Prominent

Editors’ Note: In the UK the advertising industry is a self-regulating industry, the regulatory body for which is the Advertising Standards Authority (the “ASA” ). The ASA adjudicates complaints that are brought against advertisers on the basis of the Code of Advertising Practice (the “CAP” code). Challenges on the basis of the code can be … Continue Reading
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