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Advertising and Law
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Decency in Advertising
Advertisements should not contain material that is offensive or morally objectionable. Regulated by the FCC and other bodies.
Green Marketing
Ads that appeal to environmentally conscious consumers must not be deceptive about environmental attributes or benefits.
Advertising to Children
Special laws apply for ads targeting children, focusing on limiting deceptive and unfair practices.
Substantiation
Advertisers must have evidence to back up their claims before an ad is published.
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.
Federal Trade Commission (FTC)
The principal federal agency for consumer protection in the United States that also enforces advertising laws and regulations.
Lanham Act
Federal statute that prohibits trademark infringement, trademark dilution, and false advertising.
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.
Advertising Self-Regulation
The advertising industry's attempt to police itself via codes of ethics, such as those by the Better Business Bureau.
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.
Magnuson-Moss Warranty Act
A federal law requiring manufacturers and sellers of consumer products to provide consumers with detailed information about warranty coverage.
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.
Telemarketing Rules
Federal regulations that govern telephone solicitations, including the requirement of maintaining a 'Do Not Call' list.
Fairness Doctrine
A former FCC policy requiring broadcasters to present contrasting viewpoints on controversial issues of public importance.
Children's Advertising Review Unit (CARU)
A self-regulatory program to promote responsible children's advertising, providing guidelines and monitoring compliance.
Truth in Advertising
Laws requiring that advertisements be honest and substantiated. It is illegal to advertise products or services with false claims.
Puffery
Exaggerated or puff claims that are subjective and not legally binding promises or warranties.
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.
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