Defending ASA Complaints
We have a deep understanding of the ASA’s procedures, enhanced by previously having had two former members of the ASA Executive join the firm, and giving us the benefit of their inside knowledge.
Although the Advertising Standards Authority (ASA) cannot impose fines, its adjudications have serious implications. The negative publicity generated by an upheld complaint may not only produce bad press in the short term, but that adjudication will also be among the top hits when a consumer searches for your brand over the next 5 years. Class action lawyers in the United States will also see it.
With the new consumer protection rights being introduced into UK law, we may also see consumers using upheld complaints as the basis for legal claims concerning misleading advertising. In addition, there will be wasted production and media costs, as well as restrictions on future campaigns.
Our recent blogs include:
Geraint Lloyd-Taylor comments for BBC News, The Times and The Financial Times: Social media stars agree to declare when they post ads23 January 2019
Geraint Lloyd-Taylor has commented in articles for BBC News, The Times and The Financial Times which discuss the recent agreement from sixteen social media stars to clearly state if they have been paid or received any gifts or loans of products they endorse online.
"No veneer in 'ere": separating the wood from the MDF07 August 2017
In what is a highly unusual volte-face, an advertiser has succeeded in turning the tables on the Advertising Standards Authority (ASA).
The ASA opens a can of worms24 November 2016
When is a can of baked beans a danger to children?
Social faux pas: Brands and celebrities21 October 2016
An Advertising Standards Authority (ASA) ruling in September illustrates that some brands and their agencies are still getting it wrong when it comes using a celebrity’s social media presence to promote their product.
Is the ASA killing native advertising?22 January 2016
Brinsley Dresden has authored an article for Marketing Magazine which discusses the Advertising Standards Authority's recent decision relating to an advertorial on BuzzFeed and the impact the ruling may have on the use of native advertising.
Fox 'Poltergeist' clown ad cleared by ASA15 July 2015
Brinsley Dresden has been quoted in an article by The Drum which discusses the Advertising Standards Authority’s decision to ‘clear’ an outdoor bus and poster campaign to promote the Twentieth Century Fox Films horror movie Poltergiest.
Brands told to expect a more proactive approach from ad watchdog30 May 2014
Brinsley Dresden has been quoted in the Marketing Week article following the publication of the ASA’s annual report and its new strategy.
#update: The evolution of the twitter '#' disclosure rules08 October 2013
In an article for LawInSport, Alex Kelham discusses a complaint received by the Advertising Standards Agency (ASA) about a tweet Wayne Rooney posted for Nike; the second time his twitter activities have been scrutinised.