Tag: Advertising Regulatory Board (ARB)

Recent regulatory developments have tended to regulate food packaging more strictly, following international trends to hold producers, advertisers and retailers responsible for claims that entice consumers to purchase a product.

The Advertising Regulatory Board (ARB) is filing an appeal against a High Court ruling that has implications for the Board’s ability to promote responsible advertising and protect vulnerable groups. For years, many of our clients have turned to the widely accredited Code of Advertising Practice (the Code) to enforce their rights, especially when other available legislation, including common law rights, the Trade Marks Act and/or Copyright Act, are not able to provide appropriate relief.

In a recent decision by the Advertising Regulatory Board against FlySafair, the board found that compliance with COVID-19 regulations extends to 'make-believe' marketing initiatives such as advertisements or commercials. The COVID-19 pandemic has had a devastating impact on many businesses, which have been irreparably harmed by the lockdown restrictions.