South Africa Case Law

Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC and Others (2020-22061)

Bliss Brands (Pty) Ltd v Advertising Regulatory Board NPC and Others (2020-22061) [2024] ZAGPJHC 222 (21 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2020/22061

Judge

N Manoim

The court held that the casting vote exercised by the FAC chairperson was valid under the ARB's MOI and did not constitute a reviewable irregularity. The FAC's findings that Bliss Brands' Securex packaging breached clauses 8 and 9 of the ARB Code were based on solid reasoning and evidence of visual proximity and imitation, and were not irrational or materially erroneous. The sanction period afforded to Bliss was adequate, considering the cumulative time provided by both the AAC and FAC orders. The interim interdict granted by Fisher J was discharged, as all constitutional and review issues ha…

Source excerpt

• Advertising Code Interpretation
• Review Of Private Regulatory Decisions
• Self Regulation
• Administrative Law Principles
• Company Constitution
• Sanctions In Advertising Disputes

Advertising Standards Authority v Herbex (Pty) Ltd (902/2016)

Advertising Standards Authority v Herbex (Pty) Ltd (902/2016) [2017] ZASCA 132; 2017 (6) SA 354 (SCA); 2017 BIP 205 (SCA) (29 September 2017)

Court

Supreme Court of Appeal

Case number

902/2016

Judges

Navsa, Mathopo, Plasket, Rogers, Schippers

The SCA held that the ASA has no jurisdiction over non-members absent submission, but may consider complaints for members' benefit. Each party paid its own appeal costs.

• Jurisdiction Of Voluntary Association
• Self Regulation
• Advertising Code
• Declaratory Relief
• Costs On Appeal
• Jurisdiction-of-voluntary-association