Is your advertising campaign getting red carpet treatment? Are you seeing red over your competitors’ advertising campaigns?
The Final Appeal Committee of the Advertising Standards Authority recently handed down a decision in favour of Henkel, the manufacturer and distributer of the famous red household glue stick, PRITT. Earlier this year, Henkel lodged a competitor complaint at the ASA against Trefoil’s AMOS glue stick packaging on the basis that its recent adoption of the colour red and various character devices as part of its glue stick packaging amounted to a contravention of the ASA Code.
The Final Appeal Committee in agreeing with Henkel, ruled that Trefoil’s adoption of the red packaging and character devices amounted to an exploitation of the advertising goodwill that Henkel had established in its PRITT glue stick packaging. The ASA appears to have been persuaded by the fact that Trefoil’s adoption of its current red packaging was not a natural progression from its previous green and yellow packaging, and found that Trefoil intentionally set out to imitate the packaging of PRITT’s red tubular glue stick, and to “filch the goodwill” established in the packaging of the PRITT glue stick. This is a great victory for the adhesive maker, and this decision will deter any other competitors from trying to copy the get up of its famous PRITT glue stick.
The ASA is an independent body set up by the marketing communication industry to self-regulate marketing, and as ‘advertisement’ is so broadly defined, its reach includes things like packaging and display material. The ASA as a dispute forum on marketing communications is particularly useful, as it generally processes claims and allocates hearing dates much faster than the Courts. On average a matter can be heard before all three ASA committees, namely, the Directorate, the Tribunal and the Final Appeal Committee within 6 – 8 months. It can often work out to be a lot more cost effective therefore too.
Our Brand Enforcement department is well equipped to handle matters brought before the ASA and to provide specialist advice on advertising campaigns, including on:
- whether new advertising material may offend against the provisions of the Code of Advertising Practice, and how best to avoid a complaint;
- preparing and lodging complaints at the ASA on behalf of both interested consumers and trade competitors;
- responding to complaints and defending advertisements;
- handling all aspects of appeals from the ASA Directorate to the Advertising Standards Committee (for consumer complaints) or the Advertising Industry Tribunal and the Final Appeal Committee (for competitor complaints);
- handling and dealing with all issues that may arise consequent upon a complaint being laid, such as providing the ASA with substantiating evidence to support claims made in advertisements, which may include scientific evidence, consumer /market research surveys, as well as assistance in ensuring compliance with a ruling.
If you have any queries with regards to these issues or would like further information relating to dispute resolution at the ASA, please contact the following people in our Brand Enforcement Department for red carpet treatment:
Darren Olivier
Debbie Marriott
Delene Bertasso
|
