top of page

    Advertising and Promotions (Compliance)

 

  • Compliance with FTC guidelines, such as the August 13, 1979 FTC Statement of Policy Regarding Comparative Advertising, December 17, 1980 FTC Statement of Policy on Unfairness, October 14, 1983 FTC Statement of Policy on Deception, August 2, 1984 FTC Statement of Policy Regarding Advertising Substantiation Program, May 1, 1994 Enforcement Policy Statement on Food Advertising, August 8, 1995 FTC Guide Concerning Use of Word "Free" and Similar Representations, Guides Concerning Use of Endorsements and Testimonials in Advertising 16 CFR 255.

 

  • Compliance with various guidelines and laws relating to consumer-related agencies such as the Consumer Financial Protection Bureau (CFPB), Federal Communications Commission (FCC), Federal Food and Drug Administration (FDA), Federal Trade Commission (FTC), including the Comprehensive Smokeless Tobacco Health Education Act (CSTHEA), Controlling the Assault of Non-Solicited Pornography And Marketing Act (CAN-SPAM Act), Do-Not-Call Implementation Act (DNCIA), Do-Not-Call Registry Act (DNCRA), Drug Price Competition and Patent Term Restoration Act (DPCPTRA), Fair Packaging and Labeling Act (FPaLA), Fur Products Labeling Act (FPLA), Telemarketing and Consumer Fraud and Abuse Prevention Act (TCFAPA), Telemarketing Fraud Prevention Act (TFPA), Telephone Disclosure and Dispute Resolution Act (TDDRA), Textile Fiber Products Identification Act (TFPIA), Wool Products Labeling Act (WPLA).

 

  • Compliance regarding the Federal Cigarette Labeling and Advertising Act (as amended in 1986) (FCLAA), requiring a health warning label to be placed on tobacco products for sale, and banning radio and television advertising for cigarettes and smokeless tobacco products, and as may be applied to e-cigarettes and “vaping”.

 

  • Compliance regarding prescription drug advertisements, regulated under the Food, Drug, and Cosmetic Act (FDCA), 21 U.S.C. 301 et seq. Section 502(n), that must include the legal name, the brand name if one exists, the formula showing each ingredient quantitatively, and summarizing side effects, contraindications and verifiable effectiveness.

 

  • Consultation for deceptive advertising actions under the Lanham Act (“Trademark Act”) Section 43(a), 15 U.S.C. § 1125(a)(1)(B) in which the plaintiff must prove that there was an actual false advertisement (that included some deception about the product), which actually deceived or tended to deceive more than an average number of ordinary consumers who relied on such deception, which was a material deception (because it related to some basic function or effect of the product), placed into interstate commerce by the advertiser, and that the plaintiff was actually harmed in some material way as a result.

 

  • Compliance with the Children’s Online Privacy Protection Act (COPPA), regulating any collection and use of data provided by children in response to prompts on websites directed specifically at children, requiring some prior interaction by a parent, legal guardian or even some adult having temporary supervision over the child at that moment (such as a babysitter) evidencing that an adult has reviewed the website’s request for information from the child and has then provided “verifiable parental consent” that the child (or the adult) may provide the requested information.

 

  • Compliance with FTC regulations regarding claims about a product's effectiveness, general claims about a product (such as the health benefits of the product, or posting photos of non-members on dating websites and claiming successful relationships) that might violate an existing trademark, or untrue representations about a product's environmental impact (such as falsely-claiming that it is made of recycled materials), and the difference between what may be false advertising and what may be considered mere puffery.

 

  • Compliance with the Telephone Consumer Protection Act (TCPA), governing telemarketing calls by companies, debt collectors and creditors, which may try to call a person on their cell phone or landline illegally (allowing a claim against the calling entity if such call is illegal under the guidelines of the TCPA, and the call recipient can hold the calling entity liable if damages occurred to the call recipient as a result of such illegal call).

 

  • Compliance with international advertising laws and guidelines, such as the Australia Advertising Standards Bureau (AASB), Canadian Code of Advertising Standards (CCAS) and Advertising Standards Canada (ASC), European Union (EU) Directive 2006/114/EC concerning misleading and comparative advertising, Ireland Advertising Standards Authority (IASA), New Zealand Advertising Standards Authority (NZASA), People’s Republic of China (PRC) 2016 State Administration of Industry and Commerce’s (SAIC) Interim Measures for the Administration of Internet Advertising, South Africa Advertising Standards Authority (SAASA), United Kingdom (UK) Advertising Standards Authority (ASA) and Committee of Advertising Practice (CAP).

 

  • Compliance with the guidelines and publications of advertising trade organizations, such as the American Advertising Federation (AAF), American Association of Advertising Agencies (AAAA), Audit Bureau of Circulations (ABC), Better Business Bureau (BBB) National Advertising Division (NAD), Interactive Advertising Bureau (IAB), International Advertising Association, (IAA) Outdoor Advertising Association of America (OAAA), Retail Advertising Marketing Association (RAMA), UK Advertising Association (UKAA), International Federation of Audit Bureaux of Circulations (IFABC).

 

    Last updated 200609_0002

bottom of page