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Advertising and Marketing

The world of advertising and marketing is one of constant change. As society evolves, so does the focus of our ethics and interests. Technologies emerge that allow brands to communicate in exciting new ways, bringing opportunity for innovation, but also new regulatory challenges. In addition to traditional media, advertisers are spending an ever-greater share of budget on digital advertising, social media, affiliates, influencers and adtech. To adapt to the times, regulators such as the ASA, Ofcom, the CMA and Trading Standards, are having to update their guidance and rules on an almost constant basis. 

Our team is at the forefront of the latest advertising regulatory trends. We are here to help businesses at every stage of their advertising and marketing development, from clearance of ad copy, through to disputes and complaints made about their advertising. We assist brands on a daily basis with their advertising, including compliance with the ASA CAP and BCAP codes and clearance relating to third party IP rights. 

As businesses focus increasingly on their Environmental, Social and Governance considerations, we support and advise our clients regarding their green credentials and ethical claims. 

We understand that advertisers often face tight production and clearance deadlines and strive to be as agile as our clients. We want to avoid being a bar on creative thinking, instead we work closely with our clients and their agencies to understand the risks and help them to push boundaries to realise their vision.  We are experienced in responding to or initiating a regulatory investigation. We have a deep knowledge of the ASA CAP and BCAP Codes and have handled numerous ASA complaints, including challenging rulings through Independent Review and Judicial Review. 

Key Services

  • Enforcement action, dealing with the ASA, Clearcast, Radiocentre and other broadcast regulators 
  • Advising on and negotiating advertising and marketing-related agreements 
  • Direct marketing and data protection advice 
  • Promotional marketing, non-broadcast/ digital marketing campaigns, prize draws, competitions and use of social media 
  • Brand protection and enforcement, including in relation to comparative advertising 
  • Sector specific advertising clearance advice (Life Sciences, Retail, Sport, Betting & Gaming
  • Independent Review and Judicial Review 
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