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“Advergames” are subject to regulation too

As you must be aware, businesses have started to advertise their products via computer games on their websites, and also on social media websites and as downloadable content or apps on mobile devices.  If you too are thinking of developing an “advergame” in order to advertise your goods or services, please note that as with any other on-line advertisement, you must abide by the CAP Code (the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing).

In 2008 for example, The Advertising Standards Agency (ASA) investigated a football game available on the free games website Mousebreaker.  The game in question featured Carling lager branding, and was linked to the Carling lager website.  Carling’s parent company, Coors, had paid for the link.  The game, it turned out, was effectively an advert for an alcohol brand, and because over 25% of Mousebreaker’s audience is under the age of 18, it was held to breach Rule 18.15 of the CAP Code.

If you have any concerns or queries regarding the legality of your marketing strategies, please contact Jo Tall at jo@offtoseemylawyer.com.

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