Marketing Law

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

Country of Origin Labeling is a labeling law that requires retailers, such as full-line grocery stores, supermarkets, and club warehouse stores, notify their customers with information regarding the source of certain foods. Food products, (covered commodities) contained in the law include muscle cut and ground meats: beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; peanuts, pecans, and macadamia nuts; and ginseng.

The Federal Food, Drug, and Cosmetic Act of 1938 was passed after a legally marketed toxic elixir killed 107 people, including many children. The FD&C Act completely overhauled the public health system. Among other provisions, the law authorized the FDA to demand evidence of safety for new drugs, issue standards for food, and conduct factory inspections.

Section 5 of the FTC Act makes unlawful deceptive acts and practices in or affecting commerce. The Commission's criteria for determining whether an express or implied claim has been made are enunciated in the Commission's Policy Statement on Deception.

Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations. Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

The Division of Marketing Practices responds to ever-evolving problems of consumer fraud in the marketplace. The Division enforces the FTC Act and several other federal consumer protection laws by filing FTC actions in federal district court for immediate and permanent orders to stop scams; prevent fraudsters from perpetrating scams in the future, freeze their assets; and get compensation for scam victims.

The American Marketing Association (AMA) is the professional association for individuals and organizations who are leading the practice, teaching, and development of marketing worldwide. Our principal roles are: The AMA serves as a conduit to foster knowledge sharing. Providing resources, education, career and professional development opportunities. Promoting/ supporting marketing practice and thought leadership.

The Direct Marketing Association (DMA) is the leading global trade association of businesses and nonprofit organizations using and supporting multichannel direct marketing tools and techniques. DMA advocates industry standards for responsible marketing – both online and offline, promotes relevance as the key to reaching consumers with desirable offers, and provides cutting-edge research, education, and networking opportunities to improve results throughout the end-to-end direct marketing process.

The Legal Marketing Association is a not-for-profit organization dedicated to serving the needs and maintaining the professional standards of the men and women involved in marketing within the legal profession.

Established in 1911, the Promotion Marketing Association, Inc (PMA) is the premier not-for- profit organization and resource for research, education and collaboration for marketing professionals. Representing the over $1 trillion integrated marketing industry, the organization is comprised of Fortune 500 companies, top marketing agencies, law firms, retailers, service providers and academia, representing thousands of brands worldwide.

This is the first volume in ABA's new groundbreaking Law Firm Associates Development Series, created to teach important skills that associates and other lawyers need to succeed at their firms, but that they may have not learned in law school. This volume focuses on personal marketing and sales skills. It covers creating a personal marketing plan, finding people within your target market, preparing for client meetings, "asking" for business, realizing marketing opportunities, keeping your clients, staying in touch with your network inside and outside the firm, and more.

Eric Goldman is an Associate Professor of Law at Santa Clara University School of Law. He also directs the school's High Tech Law Institute. Before joining the SCU faculty in 2006, he was an Assistant Professor at Marquette University Law School, General Counsel of Epinions.com, and an Internet transactional attorney at Cooley Godward LLP.