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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.

Updated two timers per year, this latest edition 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

The eBook version of this title features links to Lexis Advance for further legal research options.

First published in 1973.

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Table of Contents

Table of Contents (Current Through Release 106, August 2014)



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 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 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 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 42A Council of Better Business Bureaus, Inc. National Advertising Division National Advertising Review Board Procedures


Appendix 42B Self-Regulatory Program for Children's 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 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