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Eversheds comment on ASA banning a misleading Tesco advert

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By The Drum Team, Editorial

September 14, 2011 | 2 min read

Eversheds has released a comment on the importance of the Advertising Standards Authority following a Tesco advert for sausages being banned for misleading viewers.

Owen Warnock, partner at international law firm Eversheds, said: “The report that a television advertisement for Tesco sausages has been banned illustrates the importance of the ASA to food retailers and manufacturers.

“If any members of the public or competitors wish to challenge an advertisement as misleading, they are far more likely to look to the ASA for action than to rely upon the offences set out in the UK’s food laws.

“This is because the ASA acts swiftly and is free of charge to complainants. Furthermore, the rulings of the ASA Council are subject only to a very limited degree of judicial supervision by the law courts, so the Council can be quite bold in ruling against advertisements.

“This means that if a food business is making claims – expressly or by implication – about its products, it is well advised not only to take account of the law but also of the Codes of Advertising Practice which are applied by the ASA.”

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