Legal Update

Advertising - Commercial Law - Breach of Code of Advertising and Sales Promotion by Virgin Media

On 18 June 2008, The Advertising Standards Authority (ASA) ruled that Virgin Media Limited (Virgin Media) had breached the British Code of Advertising, Sales Promotions and Direct Marketing (Advertising Code). Virgin Media sent their marketing mail shots without clearly indicating on the outside of the envelopes that they contained marketing material. The ASA held that Virgin Media breached rule 22.1 of the Advertising Code, which states that marketing communications must be presented clearly to indicate what they are i.e. marketing material.

Virgin Media were marketing their  new optic broadband service by mailing the leaflets in plain envelopes containing stylised bullet holes.  In the leaflets Virgin Media compared the speed of their broadband service to a speeding bullet (and inserted a PO box address).

The ASA ruled that all future mailings of Virgin Media must clearly state on the envelopes that they contain marketing material.

See http://www.asa.org.uk/asa/adjudications/Public/TF_ADJ_44560.htm

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© RT COOPERS, 2008. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.