oa Journal of Marketing - Is the Blue Train blue? Who cares : ASA rulings

Volume 2009, Issue 02
  • ISSN : 1811-9565



While a certain amount of legal process and even jargon is necessary to protect the rights of the parties (including the marketer!), there are areas where this criticism is arguably valid. One of these areas is perhaps the decisions of the Final Appeal Committee (FAC). It was and is desirable that the decisions of this committee be respected and be of a quality comparable with other decision-making bodies. For this reason, a retired judge is the preferred chair for the FAC, and the current incumbent, Mervyn King, fulfils this requirement. Of course, with a retired judge, one has to up the level of argument, and it is seldom that a matter is argued by anything less than senior counsel. The result, while very interesting and meaningful to the lawyers, is sometimes confusing to marketers. Which presents a problem as it is these decisions that are binding on the ASA's other committees.

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