The Advertising Regulatory Board (ARB) is thrilled to report that the Application for Leave to Appeal brought against the ARB by Bliss Brands was dismissed by the Constitutional Court on Monday, 26 June.
This decision means that the decision of the Supreme Court of Appeal, which recognised the ARB’s right to rule on the advertising of non-members for the guidance of members, remains in place.
It is also an important decision for all self-regulatory bodies, recognising that a party cannot raise lack of jurisdiction after it has already submitted to that same jurisdiction.
“Ultimately, for us, this is a victory for the consumer,” says Gail Schimmel, CEO of the ARB. “We can continue with the important work that we do to protect consumers with this matter now resolved by the highest court in South Africa.”