< Back to latest news & events

Retail Scanner

Griefsploitation, body shaming and big blue bags

October 2017

A round-up of the latest advertising law issues. Last quarter was a busy time for advertising. Here is our round-up of the more controversial adverts that hit the legal headlines.

McDonald’s pulls advert

McDonald’s pulled its new television advert from screens following widespread criticism that it exploits child bereavement. The advertisement saw a boy ask his mother about what he has in common with his deceased father, eventually discovering that they shared the same favourite McDonald’s meal – the “Filet-o-Fish”. Social media and bereavement charities erupted in outrage accusing the fast food chain of taking advantage of child bereavement in order to sell fast food.

The Advertising Standards Authority (“ASA”) confirmed that it has received a large number of complaints stating that it is inappropriate and insensitive to use bereavement and grief to sell fast food. The complainants also referenced the close proximity to Father’s Day. McDonald’s made the decision to withdraw the advertisement and confirmed that it will review its creative processes to ensure that the situation never occurs again. On this basis, the ASA concluded that an investigation was not needed. Arguably, the PR damage had already been done.

Protein World

An advert featuring Khloe Kardashian for Protein World was cleared by the ASA following complaints that it was “socially irresponsible”. The advert, resulted in 14 complaints to the ASA in which it was claimed that the advert promoted an unhealthy and competitive approach to dieting, and was therefore socially irresponsible. Protein World said the overall response they had received to the advert was that it was “motivating” and “empowering”, and they did not, therefore, believe it was socially irresponsible.

Crucially, the advert was submitted in advance to the CAP Copy Advice service which advised that the advert was unlikely to breach the CAP Code and Transport for London were also satisfied that the advert was compliant with its own regulations. In dismissing the complaint, the ASA stated that the advert “promoted Khloe Kardashian’s body image as desirable and aspirational” and that it “did not consider that she appeared to be out of proportion or unhealthy”. Liaising with the CAP Copy Advice service is always recommended prior to launching an advert.

Ikea

And finally, we saw Ikea respond cleverly to dispel any confusion in the marketplace between its blue Frakta bag and Balenciaga’s version, which is made of blue wrinkled leather and costs $2,145 (£1,672).

In response to the launch of the Balenciaga’s version, Ikea produced a helpful list of differences to ensure that consumers can tell if they are buying the original which are:-

  • Shake it. If it rustles, it’s the real deal.
  • Multifunctional. It can carry hockey gear, bricks and even water.
  • Throw it in the dirt. A true FRAKTA is simply rinsed off with a garden hose when dirty.
  • Fold it. Are you able to fold it to the size of a small purse? If the answer is yes, congratulations.
  • Look inside. The original has an authentic IKEA tag.
  • The price tag. Only $0.99.

A clever piece of PR for Ikea which demonstrates how to create positive publicity from a look-a-like product.

Latest updates

Doubling Up on Added Matter at the UPC

Following the UPC Court of Appeal (CoA) decision in Abbott v Sibio (APL_39664/2024, 14 February 2025) we now have a second CoA decision on added matter in expert Klein v …

Read article
Event - 4th November 2025

HGF are Silver Sponsors of LSPN Europe 2025

HGF is proud to be a Silver Sponsor of LSPN Europe 2025, a leading forum dedicated to helping life sciences innovators protect and leverage their intellectual property across the entire …

Event details
Event - 30th - 31st October 2025

RAPS European Digital Technologies and Software conference

HGF is proud to be attending the RAPS European Digital Technologies and Software conference in The Netherlands on 30th-31st October. HGF Partner and Patent Attorney Janine Swarbrick and Patent Director …

Event details

Protect It Before You Promote It: IP Advice for MedTech Innovators

Developed a new medical product? Check. Got tickets to an exciting MedTech conference to show off your new product? Check. Intellectual property? Pardon? In the excitement of bringing a new …

Read article

Agritech Thymes: The Bite of Implied Consent: Lessons from the Pink Lady Case

Can the supply of a plant variety without clear and defined restrictions on its use be an implicit consent to commercialise it? This case centres on the evidence required to …

Read article

IAM Global Leaders 2026

HGF is proud to announce that we have 3 partners listed as an IAM Global Leader 2026. To qualify for inclusion in the IAM Global Leaders, individuals must be ranked …

Read article

The Bite of Implied Consent: Lessons from the Pink Lady Case

A recent European Union court decision considers the issue of implied consent to commercialise a plant variety, and whether the evidence meets the threshold of “serious doubts” of the validity …

Read article
Event - 5th November 2025

HGF are Gold Sponsors of IAM Live: Navigating the UPC 2025

We’re excited to share that HGF is a Gold Sponsor of IAM Live: Navigating the UPC 2025, taking place on the 5th November at the Marriott Opera Ambassador Hotel in …

Event details