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Advertising Law

Our experts guide our public and private sector clients through the swiftly evolving legal landscape of advertising law.

Our support covers the full spectrum, from strategic planning and execution to defending adverts in the context of regulatory investigations and complaints.

Clients value our commercial perspective, our experience in navigating novel legal issues, and developing strategies to achieve their business goals.

We advise on all facets of advertising, marketing, and promotions, including:

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Work highlights

  • Advising a well-known global food and beverage company in defending the credibility of certain environmental claims (alleged to be ‘greenwashing’) made in its advertising campaigns in the context of a regulatory investigation by the ASA. This involved working with the company to prepare formal representations in objecting to the ASA’s preliminary ruling, focusing on how the ASA had reached its preliminary ruling based on errors of law, unlawful procedure, and a failure to apply correct human rights law standards. The challenge was successful and resulted in the investigation being closed without official findings being made.
  • Advising several companies, including global food and beverage brands, particularly in connection with restrictions on the promotion of foods which are high in fat, salt or sugar. This advice has focused on shaping the application of new regulations through engaging in consultation, including by developing evidence about market/competition impacts, rationality and corporate human rights. This has also included advising corporates and advertisers on compliance with new rules, and successfully defending marketing strategies and adverts in the context of investigations and complaints.
  • Advising on submissions on behalf of a major international food business to the Independent Reviewer of Advertising Standards Authority successfully seeking to overturn an earlier ASA decision on the basis of public law grounds. This case is one of the only times a BCAP Decision has been reversed in favour of the advertiser.
Olivia Peake and Simon Kiely examine the Privy Council’s decision in Baird v Goldgar, which clarifies the distinct tests for striking out an appeal for want of prosecution and abuse of process in the Eastern Caribbean, and reinforces judicial willingness to act robustly where delay has become inordinate. The Judicial Committee has upheld a decision of the Court of... Read more

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