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Advertising and Law
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Truth in Advertising
Laws requiring that advertisements be honest and substantiated. It is illegal to advertise products or services with false claims.
Comparative Advertising
A form of advertising where one brand compares its product directly to a competitor, which is legal as long as the comparison is truthful.
Endorsements
Using public figures or celebrities to promote a product. Endorsements must reflect honest opinions, findings, beliefs, or experiences.
Substantiation
Advertisers must have evidence to back up their claims before an ad is published.
Puffery
Exaggerated or puff claims that are subjective and not legally binding promises or warranties.
Decency in Advertising
Advertisements should not contain material that is offensive or morally objectionable. Regulated by the FCC and other bodies.
Advertising to Children
Special laws apply for ads targeting children, focusing on limiting deceptive and unfair practices.
Bait-and-Switch Advertising
An illegal practice where a business advertises a product at a low price to lure customers, then pressures them to purchase a higher-priced item.
Disclosures
Additional information must be provided in advertisements if not including it would be deceptive. Should be clear and conspicuous.
Green Marketing
Ads that appeal to environmentally conscious consumers must not be deceptive about environmental attributes or benefits.
Native Advertising
Ad content that matches the form and function of the platform on which it appears. It should be disclosed to consumers as an ad.
Telemarketing Rules
Federal regulations that govern telephone solicitations, including the requirement of maintaining a 'Do Not Call' list.
Advertising Self-Regulation
The advertising industry's attempt to police itself via codes of ethics, such as those by the Better Business Bureau.
Lanham Act
Federal statute that prohibits trademark infringement, trademark dilution, and false advertising.
CAN-SPAM Act
A law that sets the rules for commercial email, establishes requirements for commercial messages, and gives recipients the right to have you stop emailing them.
Fairness Doctrine
A former FCC policy requiring broadcasters to present contrasting viewpoints on controversial issues of public importance.
Advertising Standards Authority (ASA)
The UK's independent regulator of advertising across all media, enforcing rules to ensure ads are accurate and not misleading or offensive.
Federal Trade Commission (FTC)
The principal federal agency for consumer protection in the United States that also enforces advertising laws and regulations.
Children's Advertising Review Unit (CARU)
A self-regulatory program to promote responsible children's advertising, providing guidelines and monitoring compliance.
Magnuson-Moss Warranty Act
A federal law requiring manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage.
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