On 13 October 2021, the Ad Standards Community Panel (Panel) found that a Grill'd ad breached sections 2.3 and 2.4 of the AANA Code of Ethics (Code) because it used violence inappropriately and suggested sexual violence towards children. Use of animated or cartoon characters, simple themes (such as ‘good vs evil’)...
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From 1 November 2021, company directors will be required to have their own unique director identification number (DIN) to verify their identity. DIN’s are a unique 15-digit identifier issued by Australian Business Registry Services (ABRS). Why were DIN’s introduced? DIN’s have been introduced to help prevent the use of false...
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Businessman and former politician Clive Palmer was defeated in a copyright infringement case following unauthorised use of a popular Twisted Sister song in a political campaign. Palmer, founder and chairman of the United Australia Party (UAP), authorised the recording and broadcast of the song 'Aussies Not Gonna Cop It'. The song...
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Trade promotions, such as competitions and other promotional games, are winners for generating hype for your brand. However, trade promotions are heavily regulated and organisations must ensure they comply with relevant laws...
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The Australian Association of National Advertisers (AANA) has announced that a new Food and Beverages Advertising Code, together with an accompanying practice note, will take effect on 1 November 2021. The new code aims to lessen the impact and exposure of advertisements promoting occasional food and/or drinks (treats)...
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EU trade marks application filed before 1 January 2021 can claim the EU filing date in UK applications. However to be eligible, the UK trade mark application must be: filed on or before 30 September 2021; for the same trade mark; and for the same goods and services. Impact of Brexit: In our recent blog post, we discussed the impact of Brexit in relation to...
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One of the most novel occupations created by the rise of social media is that of the influencer. Influencers earn a living by advertising and promoting brands and connecting them with their own social media followers. An industry code is helping ensure influencers disclose the commercial arrangements that sit behind sponsored posts. In our recent blog post...
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Inflation, avocados and consumer law. You may be wondering what is the connection between these 3 seemingly unrelated topics? Inflation has contributed to the increase in avocado prices by up to 129% in recent years. Separately, a Government review has recognised that in light of inflation, the Australian Consumer Law (ACL) for consumers and small businesses...
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In the current leasing landscape, it is not uncommon for landlords to offer lease incentives to entice prospective tenants. The claw’s jaws. An incentive in a lease can be structured in various ways, including...
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We've all been drawn in by a catchy headline, for example, 'shed 5kg in a day!' Whilst this may seem like a great marketing tactic, claims such as these are very risky. Importantly, retailers must not mislead or deceive consumers...
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