Advertising and Direct Marketing Clearance

The recent undertaking by Flight Centre not to use the "Lowest Airfares Guaranteed" slogan is a reminder that the ACCC does not accept that advertising "puffery" is harmless.

This week the ACCC announced its concern that the use by cigarette companies of "light" and "mild" may suggest they are less harmful than standard cigarettes.

The ACCC takes misleading ads and slogans seriously.

Marketing departments continue to have difficulty in understanding compliance issues both in terms of the contents of ads and to whom marketing material can be  sent (which may vary depending on the way it is sent). 

The issues include the content of the ad, its layout, the conduct of the marketer and the use of personal data .

Sometimes the overlay of special rules for particular industries, requiring mandatory content or format,  causes marketers to forget first principles: is the message accurate?

This checklist (PDF) is a quick refresher and can be used for developing your own clearance process template with the assistance of your own lawyer.