Working with creative and media agencies, our specialists work alongside you to develop your advertising and marketing strategies. Central to our approach is a willingness to listen, learn and appreciate the broader context of your activities. We have extensive experience in advertising and marketing disputes across the industry sectors, including advising on libel and trade libel, passing off and complaints to advertising regulators. Our practice spans a range of specialist products including cosmetics and healthcare goods, food and drink, financial services and electronic goods. The breadth of our experience in all these areas is demonstrated by our involvement in a variety of high profile contentious and non-contentious matters.

We also regularly advise on copy clearance, promotions, sponsorship, media buying and marketing agency agreements, comparative advertising campaigns and disputes, brand protection, new media, and labelling requirements for consumer products.

The UK Advertising and Marketing team works closely with advertising and marketing lawyers in our other offices in the CMS organisation, providing an industry focused service to clients across Europe. This can be particularly useful for multi-jurisdictional promotions and advertising campaigns.

Our advice covers a range of sectors including, Consumer Products, TMT, Banking and Finance, and Lifesciences.

Relevant experience includes advising:

Consumer Products

• An international power tools manufacturer on several pan-European prize promotions and commercial strategies to limit consumer/retailer abuse of free gifts
• A multinational food manufacturer in relation to an ASA complaint regarding a high profile, televised prize draw
• A leading nappy manufacturer in a comparative advertising and trade mark dispute
• A leading contact lenses manufacturer on comparative claims, 'No.1' claims and 'puffery'
• One of the world’s largest pharmaceutical companies on the acceptability of claims upon the cosmetics/medicines borderline across Europe
• A global confectionary producer on the labelling requirements for chocolate
• A multinational fast food operator on an ASA complaint regarding the advertising of high fat, salty and sugary foods to children

TMT

• Several companies on incentivised refer-a-friend online viral advertising 
• A telecommunications provider on use of the term 'unlimited' in Europe
• An online directory provider on banner advertisements and key word agreements 
• A national broadcaster in relation to investigations by OFCOM in connection with a call TV quiz show

Banking & Finance

• A major directory publisher on advertising offences under the Financial Services and Markets Act 2000 and the Consumer Credit Act 1974 
• A national car dealership in relation to undertakings requested by the OFT under the Enterprise Act in relation to the Consumer Credit (Advertisements) Regulations 2004
• A major insurance providers on marketing through affiliates’ websites

Lifesciences

• Many companies in the innovator pharmaceutical and medical devices sectors on complaints and complaint response strategies concerning competitors’ misleading and/or unfair comparative advertising
• One of the world’s largest pharmaceutical companies on the acceptability of claims upon the cosmetics/ medicines borderline across Europe 
• A major devices manufacturer on the advertising regime for drug-device combination products