All posts by : janinepaterson

It needs a change in the law

Sainsbury’s and Morrisons are under scrutiny for what Trading Standards claim is illegal tobacco advertising.

The issue? Flashing video screens in-store promoting iQos and Ploom—devices that heat tobacco.

The Chartered Trading Standards Institute (CTSI) say these ads are banned, but they can’t test it in court as “the courts are chocka” and “Trading Standards is very stretched.”

Here’s my view: they’re not illegal.

Yes, tobacco advertising has been banned since 2002, and these products do contain tobacco.

But they don’t fit the legal definition in the legislation of a “tobacco product,” which is “a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked, or chewed.”

Since these devices heat the tobacco, they fall outside that definition.

I get the frustration. I’ve never been a smoker, and I share concerns about the health impacts of tobacco. But the law is the law.

With the decline in cigarette use, manufacturers are seeking alternative revenue sources and will exploit loopholes – and this one seems quite significant.

I’ a little disappointed in CTSI.

Instead of saying these are illegal but we can’t stop them, review your opinion and admit they’re within the rules so you can focus on what really matters: updating that legislation.

The current law is over 20 years old and didn’t allow for technological developments like this.

Given the health implications, isn’t it time we made this a priority?

.. but it’s still got to be paid for somehow

The other day, I clicked on a newsletter link to read an article.

It was on one of the news sites, but before I could start reading, a banner popped up:

Agree to cookies for advertising or pay for ad free browsing.

My initial reaction: that’s not fair!

But when you think about it, it’s not so surprising. Before the internet, if you wanted quality information, you had to pay for it—whether it was newspapers, magazines, or books.

We’ve become used to getting content for free, but in truth, it was only a matter of time before publishers needed to adapt.

So, is this “Consent or Pay” fair?

This has been a question for the Information Commissioner’s Office and they have recently issued their guidance.

Their view, which I must say was what we were expecting, is that it can be legal as long as:

• People have a real choice about using your service.  If not, then their consent to cookies is unlikely to be freely given.
• The charge to avoid ads is not unfairly high, as people may feel they have no genuine choice but to consent.
• You offer the same core service whichever option the individual chooses.
• The choice between the two is presented clearly, with information on what each means and what’s involved.

This shift was inevitable. If you provide online content, it’s time to consider how you provide a genuine choice between agreeing to ads or paying to avoid them.

If you need some help to make this decision, you know where I am.

But that’s not the point.

After a year of living at home while an intern at a fashion house in London, my younger daughter will be back to uni in September for her final year, so we’re back to trying to find accommodation.

She has done all the hard part; searching for suitable places, viewing all sorts of flats and rooms. She has found a 2 bedroom flat that she will share with her boyfriend. It’s not far from campus, well the part she needs 😂, and gives them room to work if they don’t have to venture out to lectures or seminars.

She has put me down as guarantor and the letting agent contacted me.

They asked me to confirm the usual information, name, address, DOB. They said they’d pre-populate the guarantor form and send it via their e-sign service for my signature.

Apparently this is “the safest and securest way to complete the guarantor process”. 🤔

Providing this information was what I expected. What I didn’t was:

“The fee for this service is £5 + Vat which also includes admin costs. Please send £6 to the following account”.

When I queried this charge, they said the system they used charged them for electronic signatures. They said I could avoid this if they emailed me the form: I could print it off, sign it and post it back to them!

I pointed out this was an expense that they had no legal basis to charge me. They either accounted for it as a business expense or they could pass onto the landlord as part of their agreement with them.

After a few emails back and forth,  they waived it!

I know it’s only £6, but it’s the principle. Letting agents and landlords are not entitled to charge for these and many other “little” things they do in connection with setting up a lease.

Paying a deposit and then the rent is costly enough without these seemingly small fees for this and that which all add up.

This is just one thing I question all the time, both in business and personally, probably because I’m a solicitor. I am that 1% that always reads the terms and conditions?,

I’m sure others would have just paid. But it’s not right.

Just one of many benefits of working with me, spotting unfair terms. Sometimes it saves more than £6.

Common sense prevails.

I have been advising charities on their marketing and advertising for many years.

There has always been one bug bear, which has prevented them from raising more money to fund their charitable aims: the inability to use the “soft opt-in” exemption when it comes to email marketing.

As you know, when it comes to sending marketing email to customers, the general rule is that you need consent, i.e.an opt-in.

However this isn’t the only way to gain permission to promote your products and services by email.

If certain conditions apply, you can use the “soft opt-in”.

The condition that is the problem for charities, is the fact that the email address has to be collected as part of a sale or negotiations for a product or service

Which is fine for their commercial activities, selling products in their shops and online.

But not when it comes to their fundraising activities, which means, according to figures from the Data & Marketing Association (DMA), they are missing out on £290 million a year.

There has been lobbying from 19 charities and the DMA, which has now led to the Data (Use and Access) Bill (DUA), currently making its way through Parliament, being amended.

A new section has been added which allows the “soft opt-in” to apply where the sole purpose of the direct marketing is to pursue the charity’s charitable purposes, and the email address is collected as a result of the individual expressing an interest in or offering/providing support for those purposes.

The bill is still being debated, so it will be some time before charities can take advantage of this.

But this gives them time to consider whether this is right for their organisation.

There are benefits from changing from opt-in consent, but certainly in the short term, juggling different permissions for existing supporters and new ones could be challenging.

And will their supporters be happy with the change?

I see a lot of discussions taking place where a mixture of expert legal advice and a good dose of real world knowledge will be needed.

So if you know of someone who would benefit from this, feel free to pass my name on!

Not quite what I imagined!

I recently discovered something rather amusing—and slightly alarming—through the Nectar loyalty scheme: in 2024, I was the number one buyer of Brie at my local Sainsbury’s!

As much as this might reveal about my family’s love for cheese, it got me thinking about the value of loyalty cards and what they mean for both shoppers and businesses.

If you were wondering whether loyalty cards are worth it; research by Which? last year found that supermarkets with loyalty schemes offer big savings on larger shops.

Where you have a wider range of products, tailored savings, exclusive discounts, and personalised offers can make a difference when shopping for everyday essentials.

For businesses, loyalty schemes can be a powerful tool to build strong customer relationships. By understanding what their customers love—whether it’s Brie or bananas—businesses can tailor their offers and promotions to provide real value where it matters most.

However, this only works if businesses are transparent about what they are doing. Terms and conditions should be clear about how the scheme works and what data is collected, how it’s used, and how it’s protected.

Loyalty schemes should never feel like a trade-off between savings and privacy—it’s about balancing the needs of both sides.

So, next time you use your loyalty card, whether you’re aiming to top the Brie leaderboard or simply picking up your weekly groceries, take a moment to think about the benefits.

Although primarily used in B2C, many B2B businesses are using these schemes as they’re a powerful way to nurture relationships with clients.

And if you need help with those terms and conditions, you know where I am.

Still great advice

I hope you had a wonderful Christmas and a well-deserved New Year break!

Over the holidays, I took some time to reflect.

January 2025 marks an exciting milestone for me: the 5th anniversary of JP Legal Assist!

Considering that 60% of new businesses don’t make it past three years, I’m proud of this achievement—proof, I think, that I must be doing something right.

Looking ahead, I plan to keep doing what works while bringing fresh ideas and a few changes into the mix.

Each week, I’ll continue sharing my thoughts—a blend of practical insights on marketing and advertising compliance to help you stay on the right side of regulators, plus a sprinkle of life from the Paterson household. I hope you’ll find them useful and enjoyable.

As always, if you have any questions about your business or topics you’d like me to cover, I’m just an email away.

Here’s to a successful and prosperous 2025 for both of us!

Disappearing from our screens

I hope your Christmas preparations are coming along nicely!

This time of year is always a highlight for me—time with family, cosy evenings watching festive films, and, of course, indulging in some holiday treats.

The mince pies and sausage rolls are still on my to-do list, but the Christmas cake is ready, just waiting for its final touches of marzipan and icing.

One of the things I truly enjoy about this season is the festive advertising. It’s not just the big, heartwarming campaigns from the iconic brands that catch my eye, but also the tempting, playful ads from food retailers urging us to embrace those indulgent Christmas classics.

But this year feels a little bittersweet.

It will be the last time we see ads showcasing the full Christmas spread: golden roast turkey, pigs in blankets, buttery mince pies, rich Christmas pudding, decadent cheesecakes, and an abundance of chocolates.

Starting October 1st next year, many of these festive staples—and even some surprising ones—will no longer be allowed to be advertised online or on TV before 9 p.m. due to the government’s “junk food” advertising ban.

The rules are part of a strategy to address the UK’s obesity crisis, 26% of adults are classed as obese. While tackling this issue is crucial, it feels like there might be better ways than classifying an unexpectedly broad range of foods as “less healthy.”

Did you know even porridge, crumpets, and bagels will fall under these restrictions?

So, let’s savour the festive ads this year—they’ll look quite different next Christmas.

This is my final email for 2024 (can you believe how quickly the year has flown by?).

I hope you’ve enjoyed my musings throughout the year.

Thank you for reading, and I look forward to entertaining and helping you again on January 7th.

Wishing you a joyful Christmas and a wonderful New Year!

Dog training and Christmas prep

We got off lightly with Storm Darragh where I live.

High winds and rain hit on Saturday, and we had to drive through a “ford” at the bottom of our road on the way to pup training.

The “ford” gets deep in heavy rain because the drains are useless. So far, it’s still passable, but if the rain keeps up, we might be stranded in the village or face a 20-mile detour.

Pup training was interesting. Only three of us showed up, so we joined a combined class with other groups.

Since the training field was too wet, we went on a walk with the dogs, practicing tricks and exercises along the way.

I thought we’d manage fine—our pup is used to twice daily walks—but the wind had him chasing leaves and pulling on his lead to follow the pup in front (a cute little female, no less).

Thankfully, the rain eased a bit, so we didn’t get completely soaked, but we were knackered by the time we got home!

Sunday morning, we went to church, where the priest’s dog hilariously barked at parts of the service—my other half joked it was critiquing the sermon.

After church, the wind and rain made outdoor work impossible, so we turned to cooking.

With pumpkins from our garden, we made a delicious pumpkin dhal to enjoy with naan and poppadoms.

Then we started prepping for Christmas.

The cakes and puddings are already sorted, so we moved on to gravy prep.

We love Jamie Oliver’s get-ahead gravy recipe, which uses roasted chicken wings, bacon, vegetables, and herbs simmered into a rich base. On the big day, we mix it with meat juices and a bit of cranberry sauce—game-changing!

Next job – Christmas cards. I know many skip them nowadays, but we still enjoy exchanging them with friends and family.

Have you started your Christmas prep yet?

Not something I wanted to be reminded of!

I was just settling into bed, ready to drift off, when my partner said, “That sounds like someone throwing up!”

He figured our youngest daughter would prefer her mum’s comfort over his in that moment.

Earlier that evening, I’d picked her up from the station.

She’d mentioned a headache and feeling a bit nauseous, but it wasn’t until 11:30 that the sickness hit.

Then again at 12:15.

And finally, at 1:10.

By then, she felt much better and slept through the rest of the night.

It brought me back to when she was little: she wasn’t quite as self-sufficient.

Back then, it would’ve meant changing pyjamas, bed sheets, and definitely a morning call to the school.

Now, she has a bowl—and my job was just to empty it. 🤢

And in the morning, she was messaging her manager herself to call in sick.

Having grown-up kids is fantastic, even if the cooking and laundry piles haven’t disappeared.

Their early years hold countless fond memories, but there are some things that never change—sometimes, only mum will do.

And it’s funny how things evolve.

Kids grow, routines shift, but certain responsibilities remain constant, just like in business.

Companies may mature and change, yet the need for expert guidance—especially in navigating compliant marketing and advertising—never fades.

So, if there’s anything simmering in your marketing or advertising that you’d like to address before it turns into a bigger issue, you know where I am. 🤔

Just like that!.

It was working one minute, next minute, rows of red lights.

We had a NAS, a network attached storage device which held all our music, our films, our personal files, and more importantly for me, all my business files!

Any document, template, contract, agreement that I’ve created in nearly 5 years of JP Legal Assist!

The files were still there in the NAS – we just couldn’t access it as the tech that retrieves the data (the hardware for those that understand this stuff) gave up the ghost.

So we had to find a replacement – one that the old disks with the data on would fit into.

After a false start, the supplier sent us the wrong one, the right one appeared.

It was touch and go for a while, one false move could have wiped everything.

But it didn’t, and we are now back in business.

It has made us think that there must be a simpler way to back up all this data.

So that’s the hubby’s research for tonight!

Things go wrong and technology fails.

But If you try to cover every eventuality, you’ll never succeed.

So, cover the basics.

Review your marketing and advertising activities.

What lead generation are you doing – does it look and feel right?

Check any email marketing – do people know what to expect from you?

Are your adverts clear, truthful and properly targeted?

If you have any questions you know where I am.