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ARTICLE · 05 APRIL 2023

New Guidance On Using And Abusing #AD... Has This Label Now Lost All Meaning?

Global Advertising Lawyers Alliance (GALA)
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n case you missed it, on 23 March 2023, the ASA published an updated version of its guidance entitled "Making clear that an ad is an ad".

United KingdomMedia, Telecoms, IT, Entertainment
Geraint Lloyd-Taylor (Lewis Silkin LLP)
Geraint Lloyd-Taylor (Lewis Silkin LLP)
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In case you missed it, on 23 March 2023, the ASA published an updated version of its guidance entitled "Making clear that an ad is an ad".

Perhaps it should be called "Using #AD in even more scenarios", or "Making clear ads are ads... even if they're not", or "Yes, really, we think even THAT is an 'ad'"...

CAP and the CMA partnered to publish the first edition of this influencer guidance on 28 September 2018, then published the second edition on 2 February 2020 following the ASA's research on ad labelling (which was a deeply unsatisfactory foundation on which the ASA has subsequently based its approach).

In the new guidance, the ASA doubles down on its approach, which I think needs a complete re-think.

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