Our specialist marketing lawyers provide pro-active advice on advertising and marketing compliance that is both commercial and pragmatic. Should there be a legal challenge to an advertising or marketing campaign, our team can advise on how best to respond to any regulatory challenge.

Our advertising and marketing experts have all worked in house or on an embedded basis at major global brands meaning they know how urgent marketing sign off can be or the types of issue that can crop up at the eleventh hour. As a result, our approach is both proactive and client focused. We like to get to know you and your business to understand your customer base, your products and your risk profile so that your approach to marketing strikes the right balance.

We advise international and global brands on marketing compliance, from pricing practices (sales and promotions) and influencer marketing, through to comparative marketing and highly regulated (e.g. cosmetic/health/nutrition) claims.

We have extensive experience in supporting marketing and legal teams across a range of areas (from hotels to home furnishings, and from supermarkets to supercars) on delivering some of the best creative content that is legally compliant and on managing risk within campaigns. 

Proactive support and compliance advice

Our experts have a broad experience across various sectors (including retail, FMCG, automotive and food) and can assist with other aspects of marketing and trading laws, including:

  • consumer and B2B marketing
  • compliance with the UK marketing codes (UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and UK Code of Broadcast Advertising (BCAP Code)
  • broadcast and non-broadcast clearance
  • environmental/green claims
  • consumer protection
  • prize draws, competitions, third party incentives and loyalty schemes
  • endorsements and testimonials
  • food marketing (e.g. HFSS (high in fat, salt and sugar), health/nutrition claims, etc.)
  • alcohol and low/no alcohol drinks
  • automotive
  • medical and cosmetic claims
  • tobacco, vaping, and heavily regulated products
  • out of home marketing / POS
  • substantiation requirements
  • sponsorship of events and teams from festivals to F1
  • pricing, unit pricing and pricing offers and promotions

Reactive support

We recognise the power of advertising and the variable subjective assessments that may be made by not only the consumer but by trade bodies, competitors and pressure groups alike.

Being on the receiving end of an ASA complaint or a regulatory challenge in these areas of law is often fast paced and can be brand damaging if not responded to appropriately.

Our team provides reassuring and commercially sensitive 24/7 legal support for you and your business, when you need it most.

We can assist you with:

  • Responding to competitor and/or customer
  • ASA complaints and investigations
  • Trading Standards investigations and prosecutions
  • CMA market investigations and enforcement

Related services

Insights

Read the latest articles and commentary from Shoosmiths or you can explore our full insights library.