Leading fashion brands recognise the growing importance of “authenticity”. Consumers expect companies to say what they mean, and mean what they say. Further, consumers increasingly use digital media to interact with advertising content, and research and buy products.  But once marketing enters the digital domain, it attains the potential to go “viral” in a way that traditional marketing simply cannot.  An ill-conceived advertisement or campaign can reach millions.

The regulation of advertising is growing. Within the UK, the Advertising Standards Authority (ASA) is increasingly targeting digital advertising.

In 2017, 88% of advertisements that were amended or withdrawn in response to ASA rulings were online. The ASA’s current five year strategy (launched on 1 November 2018) makes a priority of the regulation of online advertising and new phenomena such as highly targeted and Al-driven advertising. The role of influencers is also under increased scrutiny from the ASA and the Competition and Markets Authority (CMA). This leaves aside more traditional potential issues with poorly considered advertising, such as intellectual property infringement and defamation.

This page of www.fashionlaw.co.uk is designed to help brands navigate some of these issues. We will be updating the page regularly with important legislative developments, decisions by the ASA and CMA, case law, and news. If you would like to discuss any particular questions, please do get in touch.

Click here to view all ASA rulings.

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