Are you an influencer? Then you may well need to be a follower…
… of advertising rules and regulations, that is!
We have written a few articles about the new advertising regulatory landscape in South Africa, particularly around the...
Tag: Advertising Standards Authority (ASA)
Is the new Advertising Regulatory Board a redo of the ASA, or better?
The Advertising Regulatory Board (ARB), officially open for business in November, has already handed down its first ruling.
The ARB very quickly assumed the role of...
OMG! Can you just be chill!?
OMG, OMFG, WTF!?, COOL AF – offensive and inappropriate or effing cool taglines? This is a question that was recently considered by the Advertising Standards...
When is a descriptive mark not a descriptive mark?
This was the issue before the Supreme Court of Appeal in the matter between Dinnermates (Tvl) CC and Piquante Brands International & another 401/17) [2018] ZASCA 43 (28 March 2018).
The matter was an appeal against the decision of the Full Court upholding an …
Provided By KISCH IP
Has the advertising standards authority regained its authority
While the Advertising Standards Authority of South Africa (“ASA”) is not quite out of the woods yet, it certainly appears to be recovering much of its former strength. Much will depend on the outcome of the (potentially large) damages claim against the ASA by the Medical…
Provided By KISCH IP
ASA’s jurisdiction regarding non-members finally settled
The issue of the jurisdiction of the South African Advertising Standards Authority (“ASA”) to determine matters involving individuals and companies that don’t belong to the...
Social media influencer relationships come under further scrutiny
In April this year, we wrote about the phenomenon of the social media influencer – usually a celebrity or person with a large social media...
Retouched Fashion Photos – What are the rules?
The Global Advertising Lawyers Alliance (GALA) reported recently that France has enacted new legislation requiring that all altered or retouched commercial photographs of models, whose body appearance...
Brands & social media influencers – Are you at risk?
Although Andy Warhol proclaimed in 1968 that, in the future, everyone would be world-famous for fifteen minutes, it is unlikely that he could possibly have...
The Advertising Standards Authority and British American Tobacco
The ASA is here to Stay…
And BAT feels the effect of its power
There have been many reports about the future of the Advertising Standards Authority...
Another failed colour trade mark application
Another day, another failed colour trade mark application. But there may be some lessons to be learned from a recent Australian decision.
The quest to monopolise...
An ombud for the advertising and marketing industry
Section 82 of the Consumer Protection Act 68 of 2008 (“CPA”) allows the Minister of Trade and Industry to accredit industry specific ombudsman schemes, and...
More developments at the Advertising Standards Authority
A court has ruled that the South African Advertising Standards Authority (“ASA”) does not have the authority to consider and rule on adverts placed by...
The advertising of slimming products
Products that are placed onto the market in South Africa and advertised as so-called slimming products are, once again, attracting the attention of the law.
INTRODUCTION
This...
A Clearvu On AdWords: An Update
“The degree of consumer care is becoming more heightened as the novelty of the Internet evaporates and online commerce becomes commonplace.”
This quote, which comes from...
“Get Off Your Ass” isn’t offensive advertising
ENSafrica successfully represented Virgin Active in a South African Advertising Standards Authority (“ASA”) matter, regarding a Virgin Active TV advertisement that used the expression “get...
ASA Roarrrss in favour of trade marks
Trade mark owners continue to successfully use the Advertising Standards Authority (“ASA”) as a forum for resolving what are essentially trade mark disputes.
The latest case,...
Labeling requirements of bottled water
Legislation regarding food labeling has been the subject of debate and consultation for a number of years now and has at long last been published.
The...
Advertising law: What authority does the ASA have?
In South Africa, the Advertising Standards Authority (“ASA”) is a voluntary body and its members agree to be bound by its rulings. Yet companies that...
After seeing red, PJ Powers back in the pink after ASA ruling
Well-known musician and recovering alcoholic, PJ Powers, was left seeing red recently following a print ad by supermarket giant, SPAR, which used her name without...
