How the firm assists
Services
Pre-publication advertising clearance
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Comparative and superiority-claim review
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Packaging and trade-dress assessment
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Influencer, endorsement and promotion terms
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Deceptive-marketing complaints and defence
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Competition Commission and court proceedings
Advice and implementation tailored to the right, transaction, dispute and commercial objective.
Legal context
Governing framework
Advertising and market conduct may engage the Competition Act, 2010, intellectual-property law, consumer-protection legislation, contract law and sector-specific advertising requirements. Comparative claims, substantiation and the overall impression conveyed to consumers require particular care.
From instruction to outcome
Likely stages
- Identify the proposed audience, medium, claim and commercial context.
- Review wording, imagery, disclaimers and overall consumer impression.
- Test objective claims against reliable substantiation.
- Clear third-party rights, endorsements and promotional conditions.
- Record the approval basis and retain supporting materials.
- Respond promptly to complaints, competitor action or regulatory enquiry.
Preparing an instruction
Documents commonly required
- Proposed advertisements, scripts and packaging
- Claim substantiation and technical reports
- Product specifications and comparison methodology
- Influencer, agency and endorsement agreements
- Media plan, target audience and promotion terms
- Complaints, notices and competing market materials
Practical guidance
Frequently asked questions
Does a disclaimer cure a misleading headline?
Not necessarily. The communication is generally considered as a whole, including prominence, imagery, qualifications and the likely overall impression.
What support is needed for comparative claims?
The comparison should have a clear, fair and current basis supported by reliable material appropriate to the claim being made.
Should online influencer content be reviewed?
Yes. Brand, agency and influencer responsibilities, disclosures, claim accuracy, IP permissions and approval processes should be addressed contractually and operationally.
Relevant experience