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Laura Mackenzie – Solicitor, Browne Jacobson LLP 
Jude King – Trainee Solicitor, Browne Jacobson LLP
Non-traditional media: our focus 
•Experiential advertising: 
–Apps 
•New platforms: 
–Cashpoints 
–Ads on the move
Regulation of non-traditional advertising 
•When does an experience or game become an ad? 
•The importance of being identifiable CAP Code rule 2.1 and 3.1 
•Identification and social media
What is experiential advertising? 
•No longer limited to purely in-store experiences 
•Latest technology brings new ways to advertise 
•Successful examples
Experiential advertising: apps 
Weetabix - WeetaKid app 
CAP rules 
•Credulity and Unfair Pressure 
•Direct Exhortation and 
Parental Authority
Experiential advertising: apps 
O2 app – free Cadbury chocolate bar 
CAP rules 
•Misleading advertising 
•Availability 
•Sales promotions
New platforms: Targeted products 
Peachy.co.uk 
"Small bites put a smile on your lips! You can now get a loan from £50 to £500 and pay it back in small bits ...". 
CAP rules 
•Social responsibility 
•Other comparisons
New platforms: Targeted products 
Koosday Events 
“I DON'T WANT TO DIE SOBER” 
CAP rules 
•Alcohol 
•Harm and offence
New platforms: cashpoint receipts 
Barclays Bank 
"Win a pair of Barclays Premier League match tickets every 90 minutes, every day, until the end of the 2013/2014 season". 
CAP rules 
•Misleading advertising 
•Qualification 
•Sales promotions 
•Administration 
•Significant conditions for promotions
New platforms: moving vehicles and local ads 
•Qualification in ads – problems 
•Misleading concerns
A final thought 
https://www.youtube.com/watch?v=316AzLYfAzw
Any questions? 
Alex.watt@brownejacobson.com 
Richard.nicholas@brownejacobson.com 
Richard.roberts@brownejacobson.com 
Laura.mackenzie@brownejacobson.com 
Jude.king@brownejacobson.com

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Brands Advertising and Marketing Event - Thinking outside the box: regulating non-traditional advertising - Laura Mackenzie & Jude King - 16 October 2014

  • 1. Laura Mackenzie – Solicitor, Browne Jacobson LLP Jude King – Trainee Solicitor, Browne Jacobson LLP
  • 2. Non-traditional media: our focus •Experiential advertising: –Apps •New platforms: –Cashpoints –Ads on the move
  • 3. Regulation of non-traditional advertising •When does an experience or game become an ad? •The importance of being identifiable CAP Code rule 2.1 and 3.1 •Identification and social media
  • 4. What is experiential advertising? •No longer limited to purely in-store experiences •Latest technology brings new ways to advertise •Successful examples
  • 5. Experiential advertising: apps Weetabix - WeetaKid app CAP rules •Credulity and Unfair Pressure •Direct Exhortation and Parental Authority
  • 6. Experiential advertising: apps O2 app – free Cadbury chocolate bar CAP rules •Misleading advertising •Availability •Sales promotions
  • 7. New platforms: Targeted products Peachy.co.uk "Small bites put a smile on your lips! You can now get a loan from £50 to £500 and pay it back in small bits ...". CAP rules •Social responsibility •Other comparisons
  • 8. New platforms: Targeted products Koosday Events “I DON'T WANT TO DIE SOBER” CAP rules •Alcohol •Harm and offence
  • 9. New platforms: cashpoint receipts Barclays Bank "Win a pair of Barclays Premier League match tickets every 90 minutes, every day, until the end of the 2013/2014 season". CAP rules •Misleading advertising •Qualification •Sales promotions •Administration •Significant conditions for promotions
  • 10. New platforms: moving vehicles and local ads •Qualification in ads – problems •Misleading concerns
  • 11. A final thought https://www.youtube.com/watch?v=316AzLYfAzw
  • 12. Any questions? Alex.watt@brownejacobson.com Richard.nicholas@brownejacobson.com Richard.roberts@brownejacobson.com Laura.mackenzie@brownejacobson.com Jude.king@brownejacobson.com