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  • 1.

    What are the principal statutes regulating advertising generally?

  • 2.

    Which bodies are primarily responsible for issuing advertising regulations and enforcing rules on advertising? How is the issue of concurrent jurisdiction among regulators with responsibility for advertising handled?

  • 3.

    What powers do the regulators have?

  • 4.

    What are the current major concerns of regulators?

  • 5.

    Give brief details of any issued industry codes of practice. What are the consequences for non-compliance?

  • 6.

    Must advertisers register or obtain a licence?

  • 7.

    May advertisers seek advisory opinions from the regulator? Must certain advertising receive clearance before publication or broadcast?

  • 8.

    What avenues are available for competitors to challenge advertising? What are the advantages and disadvantages of the different avenues for challenging competitors’ advertising?

  • 9.

    How may members of the public or consumer associations challenge advertising? Who has standing to bring a civil action or start a regulatory proceeding? On what grounds?

  • 10.

    Which party bears the burden of proof?

  • 11.

    What remedies may the courts or other adjudicators grant?

  • 12.

    How long do proceedings normally take from start to conclusion?

  • 13.

    How much do such proceedings typically cost? Are costs and legal fees recoverable?

  • 14.

    What appeals are available from the decision of a court or other adjudicating body?

  • 15.

    How is editorial content differentiated from advertising?

  • 16.

    How does your law distinguish between ‘puffery’ and advertising claims that require support?

  • 17.

    What are the general rules regarding misleading advertising? Must all material information be disclosed? Are disclaimers and footnotes permissible?

  • 18.

    Must an advertiser have proof of the claims it makes in advertising before publishing? Are there recognised standards for the type of proof necessary to substantiate claims?

  • 19.

    Are there specific requirements for advertising claims based on the results of surveys?

  • 20.

    What are the rules for comparisons with competitors? Is it permissible to identify a competitor by name?

  • 21.

    Do claims suggesting tests and studies prove a product’s superiority require higher or special degrees or types of proof?

  • 22.

    Are there special rules for advertising depicting or demonstrating product performance?

  • 23.

    Are there special rules for endorsements or testimonials by third parties, including statements of opinions, belief or experience?

  • 24.

    Are there special rules for advertising guarantees?

  • 25.

    Are there special rules for claims about a product’s impact on the environment?

  • 26.

    Are there special rules for describing something as free or a free trial or for special price or savings claims?

  • 27.

    Are there special rules for claiming a product is new or improved?

  • 28.

    Are there special rules for claiming where a product is made (such as country of origin)?

  • 29.

    What products and services may not be advertised?

  • 30.

    Are certain advertising methods prohibited?

  • 31.

    What are the rules for advertising as regards minors and their protection?

  • 32.

    Are there special rules for advertising credit or financial products?

  • 33.

    Are there special rules for claims made about therapeutic goods and services?

  • 34.

    Are there special rules for claims about foodstuffs regarding health and nutrition, and weight control?

  • 35.

    What are the rules for advertising alcoholic beverages?

  • 36.

    What are the rules for advertising tobacco products?

  • 37.

    Are there special rules for advertising gambling?

  • 38.

    What are the rules for advertising lotteries?

  • 39.

    What are the requirements for advertising and offering promotional contests?

  • 40.

    Are there any restrictions on indirect marketing, such as commercial sponsorship of programmes and product placement?

  • 41.

    Briefly give details of any other notable special advertising regimes.

  • 42.

    Are there any rules particular to your jurisdiction pertaining to the use of social media for advertising?

  • 43.

    Have there been notable instances of advertisers being criticised for their use of social media?

  • 44.

    Are there regulations governing privacy concerns when using social media?

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Angus Forsyth & Co. is a Hong Kong based law firm established in 2017. We seek continually to enhance the quality of service delivered to our clients, working hand in hand with our clients to achieve their goals.

View more information about Angus Forsyth & Co


Hong Kong
16A Hillier Commercial Building, 65–67 Bonham Strand
Sheung Wan
Hong Kong
Hong Kong
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F: +852 2638 9880


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