Legal Update

Advertising – Misleading Advertising – Trading Standards – Advertising Standards Authority – Consumer Protection from Unfair Trading Regulations 2008 – Committee for Advertising Practice Code

Two brothers, Victor and Henry Mears, ran the Lapland New Forest attraction which was quickly closed due to the high volume of complaints. The brothers failed to deliver the “…amazing snow-covered Lapland village” they had promised consumers. Judge Mark Horton described the ‘attraction’ as “something that looked like an averagely-managed summer car boot sale”.

The trial was recently brought by Dorset Trading Standards and the brothers were found guilty on eight charges under The Consumer Protection from Unfair Trading Regulations 2008 (“Misleading Regulations”), relating to misleading advertising. Consequently, the brothers were disqualified as company directors for five years and most notably, have been jailed for 13 months each.

Our reason for highlighting this case is that it illustrates the increasingly tough approach being taken under the Misleading Regulations in the UK by Trading Standards. Furthermore, the Advertising Code was recently extended to cover marketing communications on companies websites and on other non-paid for sites such as facebook or twitter (see a recent legal update at http://www.rtcoopers.com/internetlaw.php).

Commentary: Businesses should be very vigilant regarding their advertising and any claims about products and/or services on their websites. Ideally a vetting procedure should be implemented before publishing and adverts and/or content on websites. In any event, legal advice should always be sought where companies are unsure. RT Coopers conducts advertising clearance for companies and provide website compliance service.

 If you require advice, please contact us at [email protected]

Visit http://www.rtcoopersiplaw.com or http://www.rtcoopers.com/practice_intellectualproperty.php

© RT COOPERS, 2011. 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