Advertising and Marketing - Guide to Advertising and Marketing Law
Advertising Law refers to the laws defining the ways in which products can be advertised, such as placement, timing, and content. Advertising Law is part of the Communication Law practice. Other related areas are Marketing Law and Media Law.
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Advertising Law - US
- Advertising Law Resource Center
When you perform a legal review of your company's -- or your client's -- ads, you need all the relevant information about advertising law compliance at your fingertips because there are many pitfalls and problems that could be avoided by having this knowledge. There's no shortage of sources for the raw information you're looking for -- lengthy (and often unsuccessful) Internet searches, expensive online databases, internal computerized databases, and offline cases, decisions and rules from myriad sources. You may eventually find that advertising law compliance information -- assuming you have enough time.
- Advertising, Media and Freedom of Speech Information
Internet based site offering information on advertising, media, the First Amendment and freedom of speech.
- Audit Bureau of Circulations
For more than ninety years, the Audit Bureau of Circulations (ABC) has served as the trusted industry standard in audited circulation figures. Determined to end deceptive practices, advertisers, advertising agencies and publishers united to establish an industry watchdog to independently verify circulation. In 1914, the world’s first circulation auditing organization, ABC, was established in Chicago.
- Federal Trade Commission - Division of Advertising Practices
The Division of Advertising Practices protects consumers from unfair or deceptive advertising and marketing practices that raise health and safety concerns, as well as those that cause economic injury. It brings law enforcement actions in federal district court to stop fraudulent advertising practices, coordinates FTC actions with federal and international law enforcement agencies sharing authority over health and safety products and services, and monitors advertising and marketing of alcohol, tobacco, violent entertainment media, and food to children. The Division also brings administrative lawsuits to stop unfair and deceptive advertising.
- FTC Guidelines on Internet Advertising
The Federal Trade Commission has examined how its own consumer protection rules and guides apply to advertising and sales made via the Internet. This staff working paper discusses FTC requirements that disclosures be presented clearly and conspicuously, in the context of Internet advertisements. It also discusses how certain rules and guides apply to online activities, when the rule or guide refers to "written" ads or "direct mail" solicitations or requires notices to be sent to consumers.
- Making Sure Your Business Complies with Advertising Laws
Competition between similar businesses can be fierce, which encourages business owners to play fast and loose with advertising. The problem is that there are advertising laws, and you could be subjecting yourself to monetary liability if you fail to comply. If you're going to pay for advertising space, you should make sure that you or your advertising department stays abreast of new rules and regulations to make sure that your business complies with advertising laws.
- Marketing and Advertising Regulation - All Business
Tips and advice from a vast library of articles, videos, and business tools.
- Privacy Policies and Internet Advertising Law
One reason the Internet is an excellent marketing and advertising tool is that it provides much more information about consumer behavior than is available through traditional print-based media. By monitoring visitors on your Web site, and collecting reactions to ads placed on other Web sites, you can obtain a host of consumer information, including how many people viewed your ad, what percentage of people clicked on the ad, what percentage of people purchased your product after seeing the ad, which pages on your Web site are visited most often, the names of other Web sites your customers have visited, and customers’ e-mail addresses and other personal information.
- Small Business Guide - Advertising and Marketing
Good marketing is critical to the success of your business. Marketing has many dimensions, including market research, pricing, advertising, packaging and labeling, distribution and customer service. Investing in a good marketing plan will generate excellent returns.
- The Better Business Bureau’s National Advertising Division
National advertisers who use the NAD process find it to be significantly less expensive than litigation. NAD adheres to a strict timetable; providing a written decision within 60 business days. Companies can expect advertising challenges to be resolved while the ad campaign is still running. And, unlike judicial files, NAD keeps confidential all data it receives in reviewing a case. The challenger's and advertiser's positions, NAD's decision and a statement by the advertiser are made public.
- The Lanham Act
The Lanham Act is found in Title 15 of the U.S. Code and contains the federal statutes governing trademark law in the United States. However, this act is not the exclusive law governing U.S. trademark law, since both common law and state statutes also control some aspects of trademark protection. This index contains links to each of the sections of the Lanham, and was last updated in October, 2005.
- The Regulation of Advertising
In order to monitor and control advertising a number of different regulatory bodies have been established. Many countries have an Advertising Standards Authority, whose job it is to listen to complaints from the public, and establish whether or not a particular ad or campaign should be withdrawn.
- USC, Title 44, Chapter 37 - Advertising by Government Agencies
Advertising Law - Europe
- EU Misleading and Comparative Advertising
European legislation regulates comparative advertising and protects consumers and those involved in commercial, industrial, craft activity or liberal profession, and the public interest in general, against misleading advertising and its unfair consequences.
- Europa - Market Surveillance
The purpose of market surveillance is to ensure that the provisions of European legislation are enforced across the EU. For the purposes of enforcing the General Product Safety Directive (GPSD), the Member States must nominate or establish authorities to be responsible for market surveillance. These authorities must have the necessary resources and powers at their disposal for surveillance activities.
- Online Advertising Regulations - UK
To obtain a complete picture of the regulation of online advertising, even in just one country, such as the UK, we have to take account of many different sources, which provide us with a range of rules to consider. There is no one source that we can go to for all the rules. As the online world deals with the dissemination and use of broad range of information, covering a wide range of matters and issues, any rules on the dissemination of information might potentially be applicable.
- UK Advertising Standards Authority
The Advertising Standards Authority is the independent body set up by the advertising industry to police the rules laid down in the advertising codes. The strength of the self-regulatory system lies in both the independence of the ASA and the support and commitment of the advertising industry, through the Committee of Advertising Practice (CAP), to the standards of the codes, protecting consumers and creating a level playing field for advertisers.
- UK The Control of Misleading Advertisements Regulations
Advertising Law - International
- Advertisement Law of The People's Republic of China
This Law is formulated in order to regulate advertising activities, promote the sound development of the advertising business, protect the legitimate rights and interests of consumers, maintain the socioeconomic order, and enable advertisements to play a positive role in the socialist market economy.
- Advertising Standards Authority for Ireland
The Advertising Standards Authority for Ireland is the independent self-regulatory body set up and financed by the advertising industry and committed, in the public interest, to promoting the highest standards of marketing communications, that is, advertising, promotional marketing and direct marketing.
- Advertising Standards Authority of South Africa
The advertising Standards Authority of South Africa (ASA) is an idependent body set up and paid for by the marketing communications industry to regulate advertising in the public interest through a system of self-regulation. The ASA works closely with government, statutory bodies, consumer organisations and the industry to ensure that the content of advertising meets the requirements of the Code of Advertising.
- Australia Advertising Standards Bureau
The Advertising Standards Bureau administers a national system of advertising self-regulation through the Advertising Standards Board and the Advertising Claims Board. The self-regulation system recognises that advertisers share a common interest in promoting consumer confidence in and respect for general standards of advertising.
- Canada’s Office of Consumer Affairs (OCA) - Misleading Advertising
As part of its goal to ensure consumers have competitive prices and product choice, the Competition Act prohibits a number of marketing practices.
- Canadian Advertisers - Code of Advertising Standards
The Code of Advertising Standards is the principal instrument of advertising self-regulation in Canada. Developed to promote professional practices in advertising, the code was first published in 1963; and since then it has been revised periodically to keep it up to date and relevant. The Code, which is administered by Advertising Standards Canada (ASC), sets out the criteria for acceptable advertising. It is on these criteria that advertising is evaluated in response to any consumer or trade complaints.
- New Zealand Advertising Standards Authority
The prime function of the Advertising Standards Authority (ASA) is to self-regulate advertising in New Zealand. Advertising Codes of Practice provide the rules by which all advertisements in all media should comply. Members of the public may complain at no cost about any advertisement in any media which they believe breaches the Codes. Complaints are heard by an independent Advertising Standards Complaints Board (ASCB) and there is a right of appeal to the independent Advertising Standards Complaints Appeal Board (ASCAB). In the event of a complaint being upheld the advertiser, agency, and media are requested to withdraw the advertisement. These requests are invariably complied with. All decisions are released to the public via the media and are widely reported.
Organizations Related to Advertising Law
- American Advertising Federation (AAF)
The American Advertising Federation protects and promotes the well-being of advertising. We accomplish this through a unique, nationally coordinated grassroots network of advertisers, agencies, media companies, local advertising clubs and college chapters.
- American Association of Advertising Agencies (AAAA)
Founded in 1917, the American Association of Advertising Agencies (AAAA) is the national trade association representing the advertising agency business in the United States.
- Interactive Advertising Bureau (IAB)
The Interactive Advertising Bureau (IAB) is comprised of more than 375 leading media and technology companies who are responsible for selling 86% of online advertising in the United States. On behalf of its members, the IAB is dedicated to the growth of the interactive advertising marketplace, of interactive’s share of total marketing spend, and of its members’ share of total marketing spend. The IAB educates marketers, agencies, media companies and the wider business community about the value of interactive advertising. Working with its member companies, the IAB evaluates and recommends standards and practices and fields critical research on interactive advertising.
- International Advertising Association (IAA)
The International Advertising Association is a one-of-a-kind strategic partnership which champions the common interests of all the disciplines across the full spectrum of marketing communications - from advertisers to media companies to agencies to direct marketing firms - as well as individual practitioners
- Outdoor Advertising Association of America
The OAAA is the lead trade association representing the outdoor advertising industry. Founded in 1891, the OAAA is dedicated to promoting, protecting and advancing outdoor advertising interests in the U.S. With nearly 1,100 member companies, the OAAA represents more than 90% of industry revenues.
- Retail Advertising & Marketing Association
- The Advertising Association - UK
The Advertising Association is a federation of 31 trade bodies and organizations representing the advertising and promotional marketing industries including advertisers, agencies, media and support services.
- The International Federation of Audit Bureaux of Circulations (IFABC)
The International Federation of Audit Bureaux of Circulations (IFABC) is a voluntary federation of industry-sponsored organisations that have been established in nations throughout the world. IFABC members have a common commitment to the accurate and transparent reporting of comparable print and new media performance data.
Publications Related to Advertising Law
- Adlaw® by Request™
To ensure that our clients and contacts are receiving timely updates on the advertising and marketing legal issues affecting their businesses, we are pleased to re-launch Adlaw® by Request™ in a blog format. This blog is designed to provide regular news on advertising law developments in the United States and elsewhere, with practical commentary and analysis from Reed Smith’s Advertising, Technology and Media (ATM) practice.
- Advertising Guidance by the Federal Trade Commission
- FTC - Guidelines on Internet Advertising
The Federal Trade Commission explains how existing consumer protection laws apply to online advertising.
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- Guide to Advertising and Marketing Law
Advertising Law refers to the laws defining the ways in which products can be advertised, such as placement, timing, and content. Advertising Law is part of the Communication Law practice. Other related areas are Marketing Law and Media Law.
- Internet Advertising Expert Witnesses
- Marketing Expert Witnesses
- Media Expert Witnesses







