The Law of Advertising

The Law of Advertising is a complete guide to the rules for advertising contract parties, from ad agencies to media, with semi-annual advertising law updates.

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Print Book:6 Volumes; Looseleaf; updated with revisions two times annually
ISBN: 9780820513577
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ISBN: 9781579116613
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ISBN: 9781579116613
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The Law of Advertising brings you comprehensive coverage of the rules governing each party to the advertising contract: media, consumer, advertiser, and advertising agency.

This latest edition keeps its semi-annual advertising law updates, and now includes a discussion on the passage of the Leahy-Smith America Invents Act, which amended a plaintiff's ability to bring a qui tam action against someone who falsely labeled a good as patented. Under the amended Section 292, only the government may bring a criminal action against someone for falsely labeling a good as patented, and only a person who has actually suffered a competitive injury as a result of a violation of the section may bring a civil action. Also under this amended section, it is no longer a violation to mark a product as patented if the underlying patent on the product has expired. New text has also been added as a result of the growth of online advertising and the use of new technology as a platform for advertising. This has led to a need for ad agencies to strike an increasingly delicate balance between effectively marketing a client's product or service and avoiding patent infringement liability. There are an ever expanding number of features and functions on the Internet that are patented, but many people don't know that some of these seemingly standard features are patented.

Other critical topics you'll find inside The Law of Advertising include:

• Latest developments at the FTC
• Consumers' federal remedies
• State remedies
• State-by-state listing of cites to statutes regulating advertising
• Corrective advertising
• Comparative advertising
• Children's advertising
• Legal and medical advertising
• Tax treatment of advertising income
• Advertising injury insurance
• Cable television advertising
• Internet advertising
• Telemarketing
• Direct marketing
• Securities advertising

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Table of contents


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


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


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


CHAPTER 14 Consumers' Actions Based on Contents of Advertisements

CHAPTER 15 Federal Remedies Available to Consumers

CHAPTER 16 State Statutes Governing 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]


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


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


CHAPTER 38 The Primary Jurisdiction Doctrine

CHAPTER 39 Details of Judicial Review


CHAPTER 40 Introduction to Self-Regulation

CHAPTER 41 Self-Regulation By The Participants In Advertising

CHAPTER 42 National Self-Regulation


CHAPTER 43 Liabilities of Advertisers

CHAPTER 44 Liabilities of Advertising Agencies

CHAPTER 45 Liabilities of Media


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]


CHAPTER 70 Africa


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


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 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