Advertising Law

Articles written by attorneys and experts worldwide discussing legal aspects related to communication including: advertising, marketing law and media.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Founded in 1917, the American Association of Advertising Agencies (AAAA) is the national trade association representing the advertising agency business in the United States.

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.

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

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.

The Retail Advertising Marketing Association (RAMA), a division of the National Retail Federation, provides unique networking opportunities, industry research and educational programming for retail advertising and marketing professionals. NRF members are able to take advantage of the added value of participating in RAMA as a benefit of membership with NRF.

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) 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.

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.

Guides provided by the Federal Trade Commission regarding a variety of subjects deal with advertising, such as: Dot Com Disclosures: Information About Online Advertising, Advertising and Marketing on the Internet, Long Distance Advertising, Advertising Substantiation, Bait Advertising, Comparative Advertising, Deception, Deceptive Pricing to name a few.