Retail

Recent Articles

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  17/04/2024

  England and Wales

  AI-driven enforcement comes of age in UK with AI systems reshaping advertising and regulation and enforcement – ASA’s 2023 Annual Report

  The UK’s Advertising Standards Authority (ASA) has published its 2023 annual report, describing 2023 as a watershed year for its digital strategy.Together, the ASA and the Committee of Advertising Practice (CAP) secured the amendment or withdrawal of 27,378 ads in 2023, a remarkable 92% of which resulting from proactive work largely powered by the ASA’s Active Ad Monitoring System. In December 2022, the ASA ran 20,000 ads through the system, which rose to over 600,000 ads per month by the end of 2023. This system forms a key part of the ASA’s 2024 to 2028 strategy on AI-assisted...

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  15/04/2024

  England and Wales

  Marks and Spencer secures quashing of Secretary of State’s decision to refuse planning permission

  The recent judgment of the High Court in Marks & Spencer Plc v Secretary of State for Levelling Up Housing and Communities [2024] EWHC 452 (Admin) has received a lot of attention given its implications for the repurposing and reuse of existing buildings. The case concerned proposals by Marks & Spencer (“M&S”) to demolish their existing store on Oxford Street, London and to replace it with a nine-storey mixed use office and retail store, including a restaurant and a gym.The case was brought by M&S against the Secretary of State (“SoS”) following his decision...

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  28/03/2024

  United Kingdom

  Greenwashing: lessons from the CMA’s fast fashion investigation

  In January 2022, the UK competition regulator, the Competition and Markets Authority (the “CMA”), launched a review of green claims in the fashion sector. Six months following that, in July 2022, it launched an investigation into environmental claims made by three businesses, concerning fashion products (including clothing, footwear and accessories). The CMA expressed concern across the sector, but honed in on these businesses, in part, simply because of their size and visibility. Having worked with the CMA, on 27 March 2024, forward-looking commitments from the three fashion retailers...

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  28/03/2024

  England and Wales

  ASA wipes out cleaning ad showing harmful gender stereotypes

  The Advertising Standards Authority (the “ASA”) upheld a complaint against John Mills Ltd t/a JML Direct for their advertising of the Hurricane Spin Scrubber, as it presented gender stereotypes likely to cause harm.The Advertisement:The TV advertisement (the “ad”) for JML's Hurricane Spin Scrubber, aired on 7 January 2024, featured women using the cleaning tool in various household areas. The women shared their positive experiences with the scrubber, one of them mentioning gifting it to her mother. The ad featured both a male and female host, with the male host explaining...

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  13/03/2024

  England and Wales

  Not Frying So High: EU General Court Rejects “MYBACON” Trade Mark Appeal

  Introduction Food company Myforest Foods Co. sought to register the trade mark “MYBACON” for its plant-based food product. Both the European Union Intellectual Property Office (EUIPO) and the EUIPO’s Board of Appeal rejected its application on the grounds that  the mark is deceptive (Myforest Foods Co. v EUIPO, Case T‑107/23). Determined to press on with its appeal, Myforest brought the case before the EU General Court (GC) but it has been unsuccessful. The EU General Court agreed with the EUIPO that the mark “MYBACON” was likely to mislead the public...

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  23/02/2024

  United Kingdom

  Latest UK consumer law developments

  In January 2024, the Department for Business and Trade published its response to a 2023 consultation entitled “Smarter Regulation: Improving consumer price transparency and product information for consumers” (“Consultation”). The Government consulted with the ultimate aim of improving the quality and accessibility of information provided to consumers and enabling them to make informed decisions about products they purchase. For more information about the Consultation, please refer to our previous Law-Now: UK Government announces Consultation on consumer protection reforms.Soon...

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