The Law of Advertising

PART I THE LAW GOVERNING THE RELATIONSHIP BETWEEN THE ORIGINATORS OF ADVERTISING

CHAPTER 1 The Relationship Between Advertisers and Advertising Agencies and Performing Artists

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 on 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 Presentations

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

CHAPTER 60 Mobile Advertising

CHAPTER 61 The Petroleum Marketing Practices Act

CHAPTERS 62-69 [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

CHAPTER 79 International Approaches to Advertising Regulation

Index

Appendix 1A List of Advertising Industry Associations

Appendix 2A Facilities Contracts

Appendix 2B Title 16 -- Commercial Practice

Appendix 7A Federal Election Commission, Coordinated Communications and Independent Expenditures

Appendix 7B The FEC and the Federal Campaign Finance Law

Appendix 7C Federal Election Commission, Contributions

Appendix 10A Use of U.S. Olympic Committee Names and Images

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 [RESERVED]

Appendix 18G Consumer Fraud in the United States: The Second FTC Survey

Appendix 18H Screening Advertisements: A Guide For The Media

Appendix 19A Antitrust Guidelines for the Licensing of Intellectual Property

Appendix 24A TTB: The Wine Appellations of Origin

Appendix 24B Complying with the Made in USA Standard

Appendix 25A Guides Against Bait Advertising

Appendix 26A Title 15 -- Commerce And Trade

Appendix 26AA FDA: Guidance for Industry Consumer-Directed Broadcast Advertisements

Appendix 26B Dietary Supplements: An Advertising Guide for Industry

Appendix 26BB Joint FTC/FCC Guides on Long Distance Advertising

Appendix 26C Family Smoking Prevention and Tobacco Control Act, H.R. 1256

Appendix 26CC FDA: Guidance for Industry and FDA Staff -- General Questions and Answers on the Ban of Cigarettes that Contain Certain Characterizing Flavors

Appendix 26D FDA: Guidance for Industry -- Listing of Ingredients in Tobacco Products (November 2009)

Appendix 26DD FDA: Guidance for Industry -- Registration and Product Listing for Owners and Operators of Domestic Tobacco Product Establishments (November 2009)

Appendix 26E The New Food Label

Appendix 26EE FDA: Guidance for Industry and Review Staff -- Labeling for Human Prescription Drug and Biological Products -- Determining Established Pharmacologic Class for Use in the Highlights of Prescribing Information (October 2009)

Appendix 26F FTC Policy Statement on Food Labeling Regulations

Appendix 26FF FDA: Guidance for Industry Labeling OTC Human Drug Products -- Questions and Answers (December 2008)

Appendix 26G Government 5-Star Safety Ratings: Advertising and Communication Usage Guidelines

Appendix 26GG FDA: Guidance for Industry Labeling OTC Human Drug Products (Small Entity Compliance Guide) (May 2009)

Appendix 26H FTC: Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts (May 2005)

Appendix 26HH FDA: Guidance for Industry Labeling of Nonprescription Human Drug Products Marketed Without an Approved Application as Required

Dietary Supplement and Nonprescription Drug Consumer Protection Act: Questions and Answers (September 2009)

Appendix 26I USFDA: A Labeling Guide for Restaurants and Other Retail Establishments Selling Away-From-Home Foods

Appendix 26II FDA: Guidance for Industry -- Label Comprehension Studies for Nonprescription Drug Products

Appendix 26J USFDA: A Food Labeling Guide

Appendix 26JJ FDA: Guidance for Industry -- Enforcement Policy Concerning Rotational Warning Plans for Smokeless Tobacco Products

Appendix 26K Part 260 -- Guides for the Use of Environmental Marketing Claims

Appendix 26KK FDA: Guidance for Industry and Staff -- Use of "Light," "Mild," "Low," or Similar Descriptors in the Label, Labeling, or Advertising of Tobacco Products

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 Labelin 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 26W FDA: Guidance for Industry -- Content and Format for Geriatric Labeling

Appendix 26X FDA: Guidance for Industry Clinical Studies Section of -- Labeling for Human Prescription Drug and Biological Products-Content and Format

Appendix 26Y FDA: Guidance for Industry -- Adverse Reactions Section of Labeling for Human Prescription Drug and Biological Products-Content and Format

Appendix 26Z FDA: Guidance for Industry -- Updating Labeling for Susceptibility Test Information in Systemic Antibacterial Drug Products and Antimicrobial Susceptibility Testing Devices

Appendix 27A FTC 1988 Testimony Regarding Regulation of Cosmetics Advertising

Appendix 27B USFDA: Cosmetic Good Manufacturing Practice Guidelines

Appendix 27C FTC Staff Report: Deception in Weight-Loss Advertising Workshop

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 (2009)

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 48A FTC: Advertising Platinum Jewelry

Appendix 49A Youth Exposure to Alcohol Advertising in Magazines -- United States, 2001-2005

Appendix 49B FTC: Children's Exposure to TV Advertising in 1977 and 2004

Appendix 49C Marketing Food to Children and Adolescents

Appendix 49D It's Child's Play: Advergaming and the Online Marketing of Food to Children

Appendix 49E Advertising to Kids and the FTC: A Regulatory Retrospective That Advises the Present

Appendix 50A Children's Online Privacy Protection Act of 1998

Appendix 50B How to Comply with the Children's Online Privacy Protection Rule (December 2006)

Appendix 51A TTB: Advertising Wines Containing Ingredients Associated with Non-Alcohol Energy Drinks

Appendix 51B TTB: Advertising Malt Beverages Containing Ingredients Associated with Non-Alcohol Energy Drinks

Appendix 51C TTB: Advertising Distilled Spirits Containing Ingredients Associated with Non-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. (Engrossed as Agreed to or Passed by Senate)

Appendix 56B [RESREVED]

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 The CAN-SPAM Act: A Compliance Guide for Business

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 56I FTC Staff Report: Self-Regulatory Principles For Online Behavioral Advertising -- Behavioral Advertising Tracking, Targeting, & Technology February 2009

Appendix 56J Protecting Consumers in the Next Tech-ade: A Report by the Staff of the Federal Trade Commission

Appendix 56K Negative Options: A Report by the staff of the FTC's Division of Enforcement Federal Trade Commission -- January 2009

Appendix 56L IAB: Ad Unit Guidelines (2009 Update)

Appendix 56M IAB: Online Lead Generation -- B2C and B2B Best Practices for U.S.-based Advertisers and Publishers

Appendix 56N IAB: Best Practices for Conducting Online Ad Effectiveness Research June 2011

Appendix 57A NASD Guidelines on Advertising Mutual Fund Rankings SECURITIES AND EXCHANGE COMMISSION

Appendix 58A Prepared Statement of the FTC, "Enhancing FTC Consumer Protection in Financial Dealings, With Telemarketers, and on the Internet"

Appendix 58B Debt Relief Services & The Telemarketing Sales Rule: A Guide For Business

Appendix 60A Public Workshop: The Mobile Wireless Web, Data Services and Beyond: Emerging Technologies and Consumer Issues

Appendix 60B Fighting Fraud with the Red Flags Rule A How-To Guide for Business

Appendix 60C CTIA: Best Practices and Guidelines for Location-Based Services

Appendix 60D Beyond Voice Mapping the Mobile Market place Federal Trade Commission Staff Report April 2009

Appendix 60E IAB Platform Status Report: A Mobile Advertising Overview July 2008

Appendix 61A FTC: Advertising and Marketing on the Internet -- Rules of the Road

Appendix 61B IAB: Targeting Local Markets -- An IAB Interactive Advertising Guide

Appendix 61C IAB Platform Status Report: An Interactive Television Advertising Overview

Appendix 61D IAB Platform Status Report: A Digital Video Advertising Overview January 2008

Appendix 61E IAB Platform Status Report: A Digital Audio Advertising Overview - 2010 Interactive Advertising Bureau
Appendix 61F IAB: Platform Status Report AN INTERACTIVE TELEVISION ADVERTISING OVERVIEW Revised December 2011

Appendix 62A IAB: User Generated Content, Social Media, and Advertising -- An Overview

Appendix 62B IAB: Social Advertising Best Practices

Appendix 63A IAB: Platform Status Report Game Advertising

Appendix 79A Council Directive of 10 September 1984 Relating to the Approximation of the Laws, Regulations and Administrative Provisions of the Member States Concerning Misleading Advertising (84/450/EEC)

Appendix 79B Council of Europe European Convention on Transfrontier Television

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.