Legal Aspects of Adv/PR Flashcards
advertising review process
legal team reviews ads and make sure they follow the law and products are informed and accurate
mandatories and disclaimers
details of an offer in FULL
self policing
one advertiser tries to make trouble for another
competitive rivalry
blowing the whisle and battling other ads
AAF
advertising code of american business - truth,responsibility, taste/decency, bait advertising, bait/switch
Better Business Bereaus NAD
investigate dishones advertising for consumers. Contacts advertisers to ask them to resolve the issue
regulation by media
protects audiences frm dishonest advertisers and values
network clearance
cmmercials are screened by networks, refuse ads based on policy/controversial issues such as condoms or poor taste?i.e. god
government regulation
local/state - attorney general, federal - FTC
FTC
prohibits unfair methods and unfair/deceptive acts - if consumers are likely to be misled (deception)
Who determines the meaning of ads?
FTC, they also have burden of proof - evidence is required (testimonies and surveys)
Endorsments
must have reasonable inquiry and educational experience
Testimonials
must be of ordinary consumer experience
Demos/tests/surveys
consumers are entitled to see what he is told he is being seen
Remedies
publicity, advisory opinions, industry guides, trade regulation rules, letters f voluntary compliance, cease and desist order, affirmation disclosure, corrective advertising
affirmative disclosure
let consumers know that they were misled
corrective advertising
let consumers know that they were misled for the next year and that claims were not true
Joe Camel
unfair advertising, targeting underage smokers, launched in 88
Advertising didn?t fall under first amendment protection
(freedom of speech) until 1964
Times vs Sullivan
protesting discrimination
Bigelow vs Virginia
violated Virginia statue to advertise abortion..later overturned
Central Hudson Test
commercial speech is regulated if - protected by 1st amendment and lawful, substanstial government interest, and directly advances gov interests, and the regulation is railored to the interest