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Advertising and the Law

A Guide to Selected Government and Legal Information

Web version of this guide includes links to web resources.

Federal Government Information
Spam and Its Effects on Small Business

This hearing examines the problems created by unsolicited e-mail. Testimony includes representatives from the Federal Trade Commission, the Direct Marketing Association, a small business owner, among others. 2003
Y 4.SM 1:108-44

Tobacco's Deadly Secret: The Impact of Tobacco Marketing on Women and Girls

A look at the messages cigarette advertisements have conveyed to females over the years and an examination of media reluctance to discuss the harmful effects of smoking. 2002
Y 4.G 74/9:S.HRG.107-552

Recent Developments Which May Impact Consumer Access to, and Demand for, Pharmaceuticals

A hearing focusing on three issues relevant to prescription drugs, one of which is direct-to-consumer broadcast advertising. This hearing attempts to study the impact of the 1997 change in FDA guidelines, which allowed this type of advertising to increase dramatically. 2001
Y 4.C 73/8:107-34

Advertising and Marketing on the Internet: Rules of the Road

This Federal Trade Commission website is an overview of FTC enforcement of online advertising.

For Business -- Advertising and Marketing

This web page offers FTC policy statements and guides relating to legal compliance in business advertising. Topics include deceptive advertising and pricing, advertising substantiation, endorsements and testimonials, and others.

National Do Not Call Registry

Managed by the FTC, this website offers citizens a choice concerning the receipt of telemarketing calls at home. Sign up, file a complaint, or read related information here.

Consumer Action Website

Based on the Consumer Action Handbook, this Federal Citizen Information Center website offers tips before and after you buy, a consumer assistance directory, useful contact information, and help with filing a complaint.
GS 11.9/3:yr.

Federal Citizen Information Center -- Scams and Frauds

A look at the latest scams and efforts to defraud consumers.

Legal Information
Advising eBusinesses

A legal aid to those companies operating online, this book examines the major legal issues involved in online business. Chapter 5, Advertising and Marketing, offers various marketing strategies and regulatory information. Kept current via updates.
LEGL REF KF 889 .8 .B84 R63 2000

Rights and Responsibilities of Publishers, Broadcasters, and Reporters

This two-volume set provides general principles of law and a wealth of case law for various media law-related topics, including Commercial Speech and Advertising (Chapter 7). Kept current via updates.
LEGL REF KF 2750 .M47 1982 V.1,2

Electronic Media Law and Regulation, Fourth Edition

Chapter 7, Regulation of Commercial Practices, examines U.S. control of advertising practices, including the role of the Federal Trade Commission, advertising and the First Amendment, children's TV advertising, and home shopping and liquor advertising, among others.
LEGL REF KF 2805 .C74 2003

The First Amendment and the Fourth Estate: The Law of Mass Media, Eighth Edition

Containing more than 30 cases which have helped to define communication law, this treatise begins by explaining the U.S. legal system and then proceeds through a thorough examination of media law. Advertising regulation and advertising liability for emotional and physical harm are included.
LEGL REF KF 2750 .A7 F73 2001

Mass Communication Law In a Nutshell

Meant to provide basic information about communication law in an easy-to-read fashion, this book takes a broad look at the legal problems inherent in mass communication. Chapter 9 is about The Special Problems of Professional Advertising.
LEGL REF KF 2750 .Z9 M37 2000

Major Principles of Media Law

A look at developments in communication law through the Supreme Court's 2001 term. Chapter 13, Advertising Regulation, explains four recent advertising-related cases.
LEGL REF KF 2750 .O9 2002

Law of Mass Communications: Freedom and Control of Print and Broadcast Media

This communication law textbook presents case law illustrations of established precedents. Chapter 14 covers in an easy-to-read style a wealth of advertising topics, including U.S. advertising history, FTC controls, and state advertising regulation, to name a few.
LEGL REF KF 2750 .N4 2004

Smothered By Spam

A look at recent legislation to decrease unsolicited e-mail, this article defines many spamming techniques currently in use and offers suggestions for decreasing the amount of unwanted e-mail received.
Trial. Vol. 40, No. 2 February 2004. pp. 50-59

The Lanham Act

Enacted to protect persons engaged in commerce against unfair competition, this Act is considered the national standard and includes false advertising or promotion.
15 U.S.C. ss. 1051-1129

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