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The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner

At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

And the winner is... that pre-loved dress

Published on 03 Mar 2020. By Ela Broderick-Basar, Associate

The recent awards season has seen a new dress-code emerging on the red carpet - wearing clothing either rented or previously worn, in an aim to project a message of sustainability. This reflects trends in the wider fashion world, where sustainability models like rental and resale are emerging fast as brands and consumers look to minimise their impact.

Vegans: a new protected group?

Published on 31 Jan 2020. By Joanna Holford, Senior Associate and Kelly Thomson, Partner, ESG Strategy Lead

Retailers would be forgiven for thinking that 2020's Veganuary coincided with a new law protecting all those who participate. Much of the press coverage of a recent employment tribunal case appeared to suggest just that. The true picture is a little more nuanced. Munch on that kale while we fill you in...

BrewBlog: Sober ad campaign leaves brewery with an unwanted hangover.

Published on 14 Jan 2020.

In response to complaints about an advertisement published by BrewDog Plc the ASA found that the advertisement had breached CAP code (Edition 12) rules 1.3 (Social responsibility) and 4.1 (Harm and offence) and ordered BrewDog not to run the ad again.

Unpacking Christmas Ads: A British Retailer's Christmas Miracle?

Published on 20 Dec 2019.

This blog discusses what makes Christmas ads "successful" both through the eyes of the public at large and from the perspective of the British retailers themselves. In some cases, popular Christmas ads lead to an increase in sales over the festive period. However, as some retailers have experienced, festive ads are not always a retailer's Christmas miracle and come with their own limitations.

The Future of Retail is Green

Published on 12 Dec 2019. By Harpreet Kaur, Associate

2019 has been a year of environmental awareness, aptly demonstrated by David Attenborough's Glastonbury appearance and Greta Thunberg's speech to world leaders at the UN Climate Action Summit.

Can retail drones deliver the goods?

Published on 03 Dec 2019. By Jon Bartley, Partner

A recent flurry of patent registrations provides an insight into how this futuristic technology could soon become a reality for consumers.

Queen's speech spells out major environmental changes for retailers

Published on 05 Nov 2019. By Steven Aitken, Senior Associate

The recent Queen’s speech laid out major environmental regulatory changes including plans, for the first time, to enshrine environmental policies in law. A new regulator will also be set up to police environmental standards. At a more granular level, retailers will be impacted by the government's plans for a major extension of the carrier bag charge, among other proposed changes.

Avatar Alert! ASA uses child avatars to tackle irresponsible ads targeted at children

Published on 15 Oct 2019. By Oliver Bray, Senior Partner

The ASA is proactively using avatars (which mimic child-like behaviour) to identify when age-restricted ads (gambling, alcohol, HFSS etc) are being irresponsibly targeted at children. The introduction of this new technology has already had an impact on ad monitoring and enforcement.

FCA introduces 18-month grace period for two-factor authentication for online transactions

Published on 16 Aug 2019. By Jeremy Drew, Partner, Head of Commercial

The Financial Conduct Authority this week agreed an 18-month "implementation plan" for Strong Customer Authentication (also known as "two-factor authentication").

What next for the Energy Performance of Retail Buildings?

Published on 29 Jul 2019.

After the initial success of the Energy Performance of Buildings Directive (EPBD) and the widespread introduction of the Energy Performance Certificate (EPC) into property transactions, what can we expect from the proposed revisions of the EPBD?

Shop til' you Pop: Amazon's Electric Avenue

Published on 27 Jun 2019.

Amazon is opening 10 pop-up shops in the UK, as a platform for over 100 small online brands to start selling via bricks and mortar. The pilot will run throughout the UK for around a year, with each pop-up opening for between six to eight weeks.

Retailers: beware the ban on gender stereotyping

Published on 19 Jun 2019. By Oliver Bray, Senior Partner

The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".

Who was best dressed at the Oscars?

Published on 27 Feb 2019.

Always popular, often outrageous, and unfortunately sometimes sexist; the best and worst dressed lists have been must-have articles for publishers around award season since 1940. But does success or failure on these lists have any impact on the brand of the celebrity, or the designer?

Government consultation on airport alcohol sales risks unnecessary red tape and costs for retailers

Published on 21 Jan 2019.

The Government’s potential restriction on sales of alcohol at airports risks adding unnecessary red tape and costs to one of the UK retail and leisure industry’s biggest success stories, says RPC, the City-headquartered law firm.

Artificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years

Published on 11 Jan 2019. By Oliver Bray, Senior Partner

Given that online adverts made up 88% of all adverts where action was taken by the ASA in 2017, it is unsurprising that the regulation of online advertising is central to the ASA's strategy for the next 5 years.

The Modern Slavery Act 2015 – Under Review

Published on 13 Sep 2018. By Jeremy Drew, Partner, Head of Commercial

Earlier this summer the Home Office announced plans to launch an independent review of the Modern Slavery Act 2015. The Act came into force in October 2015 and established the UK as a world leader in the fight against the crime of modern slavery.

The ‘Meghan effect’: its impact on retailers

Published on 18 May 2018.

The right people endorsing a brand can have a significant impact on its popularity. For example, brands that have been associated with Kate Middleton and Meghan Markle have seen a huge surge in their profile.

Our latest set of retail law 'Snapshots' are now available

Published on 15 Jan 2018. By Jonathan Greenway, Senior Associate

Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it.

Luxury brands: The tale of selective distribution systems and online platform restrictions

Published on 19 Dec 2017. By Melanie Musgrave, Of Counsel

In the much awaited Coty preliminary ruling, the European Court of Justice (the "ECJ") has confirmed that, subject to certain conditions, luxury goods manufacturers can employ selective distribution systems to preserve the luxury image of their products and can prohibit their authorised distributors from utilising third-party online sales platforms.

Retail sales are bright as summer comes to a close

Published on 12 Sep 2017.

Advertisement consent – five rules for retailers

Published on 26 Jul 2017.

A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.

Retailers make hay while the sun shines

Published on 17 Jul 2017.

Retailers make hay while the sun shines

Business rate hikes about to hit retailers

Published on 08 Feb 2017.

Retailers are bracing themselves for increased property costs in the form of newly calculated business rates which take effect in April 2017.

Post-Christmas blues

Published on 06 Jan 2017. By Jeremy Drew, Partner, Head of Commercial

On Wednesday 3 January Next issued a profit warning which triggered a dive in the retailer's share price and revived concerns that 2017 could be a challenging year for some high street retailers.

Mobile marketing – lessons learnt from Optical Express

Published on 15 Jan 2016.

Mobile marketing is an essential part of the marketing tool kit of most retailers.

Don't blame it on the sunshine – the impact of weather on the retail industry

Published on 30 Oct 2015.

The Met Office has recently published a report that considers the impact of weather on the retail industry (a copy is available here).

Can omni-channel deliver a retail experience?

Published on 16 Oct 2015.

Greater competition for a hassle-free retail experience is on the agenda for both internet only and bricks and mortar retailers.

'Stand Up and Deliver' - the competition for same day delivery hots up

Published on 12 Oct 2015.

Argos has become the first UK bricks and mortar retailer to offer shoppers same day delivery up to 10pm.

Feast your eyes on this! ASOS and Wall's collaboration a trade mark success?

Published on 29 Jul 2015.

Back in December 2014 Retail Therapy featured an article on the surprising collaboration between McDonalds and Moschino.

Can concessions heal the high street?

Published on 02 Jun 2015.

Typically, concessions are used by retailers to incorporate third party brands into their retail space and broaden the range of products on offer to their target consumers.

Fashioning a market – the impact of London Fashion Week on high street retailers

Published on 05 Mar 2015.

London Fashion Week (LFW) has closed its doors once again for another 6 months before fashion's greatest and most celebrated designers return to showcase their S/S16 collection on 18 September 2015.

High street consumers grant HMV a second chance

Published on 10 Feb 2015.

Music and entertainment retailer HMV has posted a 17.5 percent increase in sales for 2014, making it the UK's biggest seller of physical music and signalling a triumphant comeback following its decline into administration in 2013.

Diva's trade mark fever – Rihanna bolsters brand with new applications

Published on 15 Dec 2014.

Having already succeeded in protecting the use of her image in the English High Court Rihanna has now taken steps to broaden the protection of her brand with the filing of 12 separate trade mark applications at USPTO for the word FENTY in conjunction with other words including apparel, beauty, clothing and lingerie.

Would you like fries with your happy deal? – Moschino and McDonalds unveil unlikely licensing deal

Published on 15 Dec 2014.

When Italian fashion house Moschino unveiled their A/W 14 Collection it turned heads in an unlikely sector… the legal sector.

A blue print for brand protection – CJEU approves Apple's trade mark for store layout

Published on 15 Dec 2014.

The Court of Justice of the European Union (CJEU) has recently held in Apple Inc v. Deutsche Patent-und Markenamt that the representation of a layout of a retail store may be registrable as a trade mark under Articles 2 and 3 of the Trade Marks Directive (Directive 2008/95/EC).