The Law of Advertising

PART I INTRA-INDUSTRY RELATIONSHIPS
 
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 ISSUES
 
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 Constitutional Problems In Advertising
 
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 FTC AUTHORITY
 
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 TYPES OF REPRESENTATIONS
 
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 FTC PROCEDURE
 
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 ADVERTISING PARTICIPANTS
 
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
 
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 Coordinated Communications and Independent Expenditures (Federal Election Commission Published in June 2007 (Updated February 2011))
 
Appendix 7B Federal Election Commission Published in February 2004 (Updated February 2011)
 
Appendix 7C Federal Election Commission, Contributions Published in February 2004 (Updated February 2011)
 
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 Business Guide to the FTC'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 18I FTC Enforcement Policy Statement on Deceptively Formatted Advertisements
 
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 25B Guidance for Industry Product Name Placement, Size, and Prominence in Advertising and Promotional Labeling
 
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 Guidance for Industry Distinguishing Liquid Dietary Supplements from Beverages 
 
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 by the 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 26LL Federal Trade Commission Cigarette Report for 2007 and 2008 ISSUED: 2011
 
Appendix 26M Complying with the Environmental Marketing Guides
 
Appendix 26MM Federal Trade Commission Smokeless Tobacco Report for 2007 and 2008 ISSUED: 2011
 
Appendix 26N Reporter Resources The FTC's Green Guides
 
Appendix 26NN FTC: Environmental Claims: Summary of the Green Guides
 
Appendix 26O Complying with the Appliance Labeling Rule: A Guide for Retailers
 
Appendix 26OO Guidance for Industry Compliance With Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco to Protect Children and Adolescents
 
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 Government 5-Star Safety Ratings Advertising & Communication Usage Guidelines
 
Appendix 26W FDA: Guidance for Industry 
 
Appendix 26X FDA: Guidance for Industry 
 
Appendix 26Y FDA: Guidance for Industry 
 
Appendix 26YY FDA: Guidance for Industry -- Warnings and Precautions, Contradictions and Boxed Warning Sections of Labeling for Human Prescription Drug and Biological Products -- Content and Format
 
Appendix 26Z FDA: Guidance for Industry 
 
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 27D FTC: Gut Check: A Reference Guide for Media on Spotting False Weight Loss Claims
 
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 37A FTC Notices of Penalty Offenses
 
Appendix 42A Council of Better Business Bureaus, Inc. National Advertising Division National Advertising Review Board Procedures
 
Appendix 42B Self-Regulatory Program for Children&#39s Advertising
 
Appendix 42C Guidelines for the Advertising of 900/976
 
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 49F Virtual Worlds and Kids: Mapping the Risks
 
Appendix 50A Children's Online Privacy Protection Act of 1998
 
Appendix 50B Complying with COPPA: Frequently Asked Questions -- A GUIDE FOR BUSINESS AND PARENTS AND SMALL ENTITY COMPLIANCE GUIDE 
 
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 [RESERVED]
 
Appendix 56C The US SAFE WEB Act: Protecting Consumers from Spam, Spyware, and Fraud A Legislative Recommendation to Congress
 
Appendix 56CC FTC Statement on Reauthorizing the U.S. Safe Web Act of 2006
 
Appendix 56D Dot Com Disclosures: Information About Online Advertising A Legislative Recommendation to Congress
 
Appendix 56DD FTC: .com Disclosures. How to Make Effective Disclosures in Digital Advertising
 
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 
 
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 
 
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 56O FTC Report: Protecting Consumer Privacy in an Era of Rapid Change
 
Appendix 56P: FTC - Marketing Your Mobile App
 
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 58C: FTC: Complying with the Telemarketing Sales Rule

Appendix 58D: Joint FTC/FCC Guides on Long Distance Advertising

Appendix 58E Federal Communications Commission Record: In re Rules & Regulations Implementing the TCP Act of 1991 et al. 

Appendix 60A Public Workshop: The Mobile Wireless Web, Data Services and Beyond
 
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 
 Appendix 61F Platform Status Report
 
Appendix 62A IAB: User Generated Content, Social Media, and Advertising -- An Overview
 
Appendix 62B IAB: Social Advertising Best Practices Released May 2009
 
Appendix 63A IAB: Platform Status Report Game Advertising
 
Appendix 79A Directive 97/55/EC of European Parliament and of the Council of October 6, 1997, amending Directive 84/450/EEC Concerning Misleading Advertising so as to Include Comparative Advertising
 
Appendix 79B Council of Europe European Convention on Transfrontier Television