PART I THE LAW GOVERNING THE RELATIONSHIP BETWEEN THE ORIGINATORS OF ADVERTISING
Chapter 1 The Relationship Between Advertisers and Advertising Agencies
Chapter 2 The Relationship Between the Media and Advertisers
Chapter 3 The Relationship Between the Media and Advertising Agencies

PART II CONSTITUTIONAL PROBLEMS IN ADVERTISING
Chapter 4 The Federal Power to Regulate Advertising
Chapter 5 The First Amendment in General
Chapter 6 Commercial Advertising and the First Amendment
Chapter 7 Access to the Media
Chapter 8 [Reserved]
Chapter 9 The Power to Order Affirmative Disclosures

PART III COMPETITORS? REMEDIES
Chapter 10 Fundamental Principles
Chapter 11 Federal Remedies Available to Competitors
Chapter 12 Exercise, Division and Conflicts of Powers and Conflict of Laws
Chapter 13 State Remedies Available to Competitors

PART IV CONSUMERS? REMEDIES
Chapter 14 Consumers? Actions Based of Contents of Advertisements
Chapter 15 Federal Remedies Available to Consumers
Chapter 16 State Statutes Governing Advertising

PART V BASIC PRINCIPLES OF FEDERAL TRADE COMMISSION CONTROL OF ADVERTISING
Chapter 17 The Jurisdiction of the Federal Trade Commission in Advertising
Chapter 18 Criteria for Representations, Untruth, Deception and Unfairness
Chapter 19 Materiality as a Prerequisite for Action
Chapter 20 The Public Interest as a Statutory Prerequisite for Action
Chapter 21 Findings of Fact and Conclusions of Law
Chapter 22 [Reserved]

PART VI THE LAW REGARDING SPECIFIC STATEMENTS
Chapter 23 Representations as to the Vendor and His Business
Chapter 24 Representations as to the Origin of Merchandise
Chapter 25 Representations as to Quantity
Chapter 26 Representations as to Quality
Chapter 27 Representations as to Effect
Chapter 28 Representations as to Price
Chapter 29 Testimonials and Endorsements
Chapter 30 Pictorial Representations
Chapter 31 Comparative Advertising

PART VII PROCEDURE BEFORE THE FEDERAL TRADE COMMISSION
Chapter 32 Investigations and Rulemaking
Chapter 33 Consent Agreement Procedure
Chapter 34 The Issuance of Complaints
Chapter 35 Procedure Before Administrative Law Judges
Chapter 36 Procedure Before the Commission
Chapter 37 Enforcement

PART VIII JUDICIAL REVIEW
Chapter 38 The Primary Jurisdiction Doctrine
Chapter 39 Details of Judicial Review

PART IX SELF-REGULATION
Chapter 40 Introduction to Self-Regulation
Chapter 41 Self-Regulation by the Participants in Advertising
Chapter 42 National Self-Regulation

PART X LIABILITIES OF THE PARTIES OF ADVERTISING
Chapter 43 Liabilities of Advertisers
Chapter 44 Liabilities of Advertising Agencies
Chapter 45 Liabilities of Media

PART XI SPECIAL ADVERTISING PROBLEMS
Chapter 46 Advertising by Attorneys and Other Professionals
Chapter 47 Advertising by Medical Professionals
Chapter 48 Billboard Advertising
Chapter 49 Advertisements Directed to Children
Chapter 50 Insurance Company Advertising
Chapter 51 Alcoholic Beverage Advertising
Chapter 52 Advertising by Financial Institutions
Chapter 53 Cable Television Advertising
Chapter 54 Taxation and Advertising
Chapter 55 Lotteries, Games of Chance, Sweepstakes, and Similar Promotional Marketing Schemes
Chapter 56 Internet Advertising
Chapter 57 Securities Advertising
Chapter 58 Telemarketing
Chapter 59 Direct Marketing
Chapters 60?69 [Reserved]

PART XII INTERNATIONAL ADVERTISING PRACTICES AND REGULATION
Chapter 70 Africa
Chapter 71 Asia
Chapter 72 Australia
Chapter 73 Central America
Chapter 74 Europe
Chapter 75 Middle East
Chapter 76 North America
Chapter 77 Pacific
Chapter 78 South America

Index

APPENDICES
Appendix 1A List of Advertising Industry Associations
Appendix 2A Facilities Contracts
Appendix 2B Title 16?Commercial Practice
Chapter I Federal Trade Commission Sub
Chapter B?Guides and Trade Practice Rules Part 240?Guides for Advertising Allowances and Other Merchandising Payments and Services 16 CFR 240.1
Appendix 7A Federal Election Commission, Coordinated Communications and Independent Expenditures
Appendix 10A 36 USCS § 220506
Appendix 11A Trademark Dilution Revision Act of 2006 (Enrolled as Agreed to or Passed by Both House and Senate)
Appendix 13A Guide to Members of the National Association of Attorneys General
Appendix 13B National Association of Attorneys General, Final Guidelines of the Task Force on Car Rental Industry Advertising and Practices
Appendix 13C Comments of Attorneys General on FDA Proposal Regulating Health Claims by Food Marketers
Appendix 13D The Green Report II: Recommendations for Responsible Environmental Advertising
Appendix 17A Complying With the Funeral Rule
Appendix 18A FTC 1983 Policy Statement on Deception
Appendix 18B FTC 1980 Statement of Policy on the Scope of the Consumer Unfairness Jurisdiction
Appendix 18C FTC Majority Analysis of Law of Deception
Appendix 18D Minority Rebuttal of FTC Analysis of Law of Deception
Appendix 18E A Business Guide to the Federal Trade Commission?s Mail or Telephone Order Merchandise Rule
Appendix 18F Complying with the Made in USA Standard
Appendix 18G Consumer Fraud in the United States: The Second FTC Survey
Appendix 18H Screening Advertisements: A Guide for The Media
Appendix 24A TTB: Wine Appellations of Origin
Appendix 25A Guides Against Bait Advertising
Appendix 26A Title 15 Commerce and Trade; Cigarette Labeling and Advertising
Appendix 26B Dietary Supplements: An Advertising Guide For Industry
Appendix 26C [Reserved]
Appendix 26D [Reserved]
Appendix 26E The New Food Label
Appendix 26F FTC Policy Statement on Food Labeling Regulations
Appendix 26G New Car Assessment Program (NCSP) Star Ratings: Advertising & Communications Usage Guide
Appendix 26H 15 USC §§ 41?58?Guides for the Use of Environmental Marketing Claims
Appendix 26I USFDA: A Labeling Guide for Restaurants and Other Retail Establishments Selling Away-From-Home Foods
Appendix 26J USFDA: A Food Labeling Guide
Appendix 26K Part 260?Guides for the Use of Environmental Marketing Claims
Appendix 26L Sorting Out ?Green? Advertising Claims
Appendix 26M Complying with the Environmental Marketing Guides
Appendix 26N Reporter Resources: The FTC?s Green Guides
Appendix 26O Complying with the Appliance Labeling Rule: A Guide for Retailers
Appendix 26P Complying With the Appliance Labeling Rule: Labeling Light Bulbs
Appendix 26Q Down . . . But Not Out: Advertising and Labeling of Feather and Down Products
Appendix 26R Labeling Alternative Fuels
Appendix 26S Labeling Alternative Fueled Vehicles
Appendix 26T Advertising Retail Electricity and Natural Gas
Appendix 26U Ease of Use Ratings Program Advertising Guidelines
Appendix 26V National Highway Traffic Safety Administration?s NCAP Test Results Guidelines for Manufacturers and Advertising Agencies
Appendix 27A FTC 1988 Testimony Regarding Regulation of Cosmetics Advertising
Appendix 27B USFDA: Cosmetic Good Manufacturing Practice Guidelines
Appendix 28A FTC Guide Concerning Use of the Word ?Free? And Similar Representations
Appendix 28B FTC Guides Against Deceptive Pricing
Appendix 29A FTC Guides Concerning Use of Endorsements and Testimonials in Advertising
Appendix 35A Federal Trade Commission Policy Statement Regarding Advertising Substantiation Program
Appendix 42A Council of Better Business Bureaus, Inc., National Advertising Division, National Advertising Review Board-Procedures
Appendix 42B Better Business Bureau Advertising Review Programs, The Children?s Advertising Review Unit, Self Regulatory Guidelines for Children?s Advertising
Appendix 42C Guidelines for the Advertising of 900/976 Teleprograms to Children
Appendix 47A FTC: Marketing of Refractive Eye Care Surgery: Guidance for Eye Care Providers
Appendix 49A Youth Exposure to Alcohol Advertising in Magazines, 2001-2005
Appendix 49B FTC: Children?s Exposure to TV Advertising in 1977 and 2004
Appendix 49C Marketing Food to Children and Adolescents
Appendix 51A TTB: Advertising Wines Containing Ingredients Associated with Non-Alcohol Energy Drinks
Appendix 51B TTB: Advertising Malt Beverages Containing Ingredients Associated withNon-Alcohol Energy Drinks
Appendix 51C TTB: Advertising Distilled Spirits Containing Ingredients Associated withNon-Alcohol Energy Drinks
Appendix 51D TTB/USDA Organic: Labeling Alcohol Beverage Containers (Chart)
Appendix 52A FTC FACTS: Advertising Consumer Leases
Appendix 56A Anticybersquatting Consumer Protection Act
Appendix 56B Title 13 Children?s Online Privacy Protection
Appendix 56C The US SAFE WEB Act: Protecting Consumers from Spam, Spyware, and Fraud A Legislative Recommendation to Congress
Appendix 56D Dot Com Disclosures: Information About Online Advertising A Legislative Recommendation to Congress
Appendix 56E Spam Summit: The Next Generation of Threats and Solutions
Appendix 56F FTC FACTS: The CAN-SPAM Act: Requirements for Commercial Emailers
Appendix 56G Online Behavioral Advertising Moving the Discussion Forward to Possible Self-Regulatory Principles
Appendix 56H Digital Video In Stream Ad Format Guidelines and Best Practices
Appendix 57A NASD Guidelines on Advertising Mutual Fund Rankings
Appendix 58A Prepared Statement of the FTC, ?Enhancing FTC Consumer Protection in Financial Dealings, With Telemarketers, and on the Internet?
Appendix 79A Council of Europe Directive of September 10, 1984
Appendix 79B Council of Europe Convention on Transfrontier Television, May 5, 1989

 

Rosden, E.. Peter

ORIGINAL AUTHOR FROM 1973 - 2007

Peter E. Rosden has his own law firm in Charlottesville, Virginia. He received an undergraduate degree from Dartmouth College and a law degree from Columbia University School of Law in New York City where he also participated in the combined M.B.A. program with the Columbia University School of Business. After practicing administrative law as a senior enforcement attorney in Washington, D.C. with the U.S. Treasury Department for five years, he joined the intellectual property law firm of Sixbey, Friedman and Leedom in Arlington, Virginia for several years and then started his own law practice. As an intellectual property attorney, he is registered to practice before the U.S. Patent and Trademark Office and has been especially involved with trademark and copyright issues, which are of great importance to the advertising industry. Since writing the first comprehensive, multi-volume treatise on the subject over 20 years ago, Mr. Rosden has devoted his practice to advertising law issues. In the capacity of an Adjunct Professor, he also taught several seminars on advertising law at the Catholic University School of Law in Washington, D.C.

Astrachan, James B.

Jim Astrachan is a principal in the Baltimore/Washington law firm of Astrachan Gunst Thomas, P.C. A large portion of Jim's practice is devoted to representing people all over the country who are involved in the creative process -- including advertising agencies, and advertisers--and to prosecuting or defending copyright, trademark, trade secret and unfair competition cases. Jim is an adjunct professor at the University of Maryland Law School where he teaches Trademark Law and Unfair Competition. He wrote the Legal Briefing column for ADWEEK Magazine, was named one of the Best Lawyers in America in 2005 and 2007 for IP and Advertising Law, has been named twice as one of Baltimore's Best Attorneys, and was named one of Maryland's Legal Elite for excellence in law.

Rosden, Eric George

ORIGINAL AUTHOR FROM 1973 - 1974

Thomas, Donna

Donna Thomas is a principal and Managing Partner of Astrachan Gunst Thomas, P.C. Donna's practice is focused on business transactions and intellectual property matters, including business sales, mergers and acquisitions, business agreements, licensing, trademark clearance and registration, advertising clearance, and litigation of copyright, trademark, unfair competition and false advertising matters. Donna has taught Copyright and Media Law as an Adjunct Professor at the University of Baltimore and is a frequent lecturer on intellectual property subjects. Donna also serves as Chair of the Intellectual Property Section of the Maryland State Bar Association.