Category:
Marketing & Sponsorship

‘Sugar-coating’ health claims in advertising

The Australian Competition and Consumer Commission (ACCC) is sending a warning to food companies to make honest and truthful claims on food packaging in its Federal Court case against H.J. Heinz Company Australia Ltd (Heinz). Background In June 2016, the ACCC commenced proceedings against Heinz, alleging that it made false and misleading representations and engaged...
The Rise of Influencer Hijacking
Some brands have been attempting to hijack an influencer’s selling power without paying them a penny, explains DVM Law. There is no denying that certain social media users have the ability to influence the purchasing decisions and behaviours of their followers. It is becoming increasingly evident that brands are trying and succeeding in leveraging this...
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Testing the Bounds of Social Influencer Disclosures
Back in February we broke down what the new guidelines from the Australian Association of National Advertisers (“AANA”) would mean for brands and agencies engaging social media influencers. The Advertising Standards Board has now given insight into what level of disclosure is expected under Section 2.7 of the AANA Code of Ethics (“Code”) in its...
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The key Terms and Conditions lessons learned from The Today Show scandal
The Nine Network has recently had to defend itself against allegations that its ‘Block of Cash’ giveaway is a scam, following the broadcast of a winner from their home almost immediately after they received a phone call notifying them that they had won the jackpot live on The Today Show. Media outlets, entrants and concerned...
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Social influencers, brands and agencies: AANA announce update to advertising laws
Clearly Distinguishable Advertising: The AANA pronouncement and the legal impact on brands, agencies & social influencers. It is evident from a casual gaze through social pages or comms industry commentary that brands are increasingly turning to ‘social influencers’ to promote their products through online social channels, with the intent of influencing consumer purchasing decisions in...
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The sting in the tail: New Zealanders push to trade mark “Manuka” in relation to honey products
A rift has emerged between the Australian and New Zealand honey industries, resulting from a trade mark application lodged by New Zealand producers to trade mark the term ‘Manuka’, as a way of gaining exclusive rights over the word.     Manuka honey is produced solely from the Leptospermum scoparium plant, which in turn is...
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No Olympics ambush by telstra
On Friday 29 July 2016, the Federal Court handed down its decision in the Australian Olympic Committee’s (‘AOC’) case against Telstra in light of Telstra’s unauthorised and misleading Olympic themed “Go to Rio” advertisements. AOC relied on section 36 of the Olympic Insignia Protection Act 1987 (‘OIPA’), alleging that Telstra had infringed this section which...
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