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Advertising and Law

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Decency in Advertising

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Advertisements should not contain material that is offensive or morally objectionable. Regulated by the FCC and other bodies.

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Green Marketing

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Ads that appeal to environmentally conscious consumers must not be deceptive about environmental attributes or benefits.

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Advertising to Children

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Special laws apply for ads targeting children, focusing on limiting deceptive and unfair practices.

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Substantiation

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Advertisers must have evidence to back up their claims before an ad is published.

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Bait-and-Switch Advertising

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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.

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Disclosures

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Additional information must be provided in advertisements if not including it would be deceptive. Should be clear and conspicuous.

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Federal Trade Commission (FTC)

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The principal federal agency for consumer protection in the United States that also enforces advertising laws and regulations.

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Lanham Act

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Federal statute that prohibits trademark infringement, trademark dilution, and false advertising.

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Native Advertising

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Ad content that matches the form and function of the platform on which it appears. It should be disclosed to consumers as an ad.

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Advertising Self-Regulation

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The advertising industry's attempt to police itself via codes of ethics, such as those by the Better Business Bureau.

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Advertising Standards Authority (ASA)

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The UK's independent regulator of advertising across all media, enforcing rules to ensure ads are accurate and not misleading or offensive.

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Magnuson-Moss Warranty Act

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A federal law requiring manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage.

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CAN-SPAM Act

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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.

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Telemarketing Rules

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Federal regulations that govern telephone solicitations, including the requirement of maintaining a 'Do Not Call' list.

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Fairness Doctrine

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A former FCC policy requiring broadcasters to present contrasting viewpoints on controversial issues of public importance.

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Children's Advertising Review Unit (CARU)

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A self-regulatory program to promote responsible children's advertising, providing guidelines and monitoring compliance.

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Truth in Advertising

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Laws requiring that advertisements be honest and substantiated. It is illegal to advertise products or services with false claims.

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Puffery

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Exaggerated or puff claims that are subjective and not legally binding promises or warranties.

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Comparative Advertising

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A form of advertising where one brand compares its product directly to a competitor, which is legal as long as the comparison is truthful.

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Endorsements

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Using public figures or celebrities to promote a product. Endorsements must reflect honest opinions, findings, beliefs, or experiences.

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