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

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

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