Advertising Agencies and Role of Advertising Law

 

Lawyers specializing in advertising law, which includes in-house counsel and outside counsel, must be conversant with laws involving false, unfair and deceptive acts.
If you have any ad review or creation responsibilities, you will benefit from regularly reading the articles and news items found in Advertising Compliance ServiceÔ because there are many pitfalls and problems that could be avoided by having this knowledge.

 

As we reported in the February 19, 2007 issue of Advertising Compliance ServiceÔ, the Turner Broadcasting System, Inc. (TBS) agreed to pay up to $2 million to Boston-area authorities to settle claims after a guerilla marketing stunt went awry. On January 31, 2007 Interference Inc., an advertising firm retained by TBS, placed several devices around Boston, Mass., and several other nearby communities as part of a guerrilla marketing campaign.

 

In fact, the devices were magnetic lights, not bombs. Two men, who were hired to place the devices by TBS and Interference, were arrested and charged with disorderly conduct and "placing a hoax device." And on February 9, 2007, the head of the Cartoon Network resigned as a result of this marketing stunt.

 

As advertising agencies enter the new territory of guerilla marketing, buzz marketing and viral marketing, unforeseen legal consequences will abound. Accordingly, it's more important than ever to keep current with the latest advertising compliance information--information found in Advertising Compliance ServiceÔ.

 

You should also be aware of the lessons found in older advertising law-related cases as well. In one such advertising law case examined in Advertising Compliance ServiceÔ, a major automaker's national advertising agency--and a second automaker's regional ad agency--agreed to settle Federal Trade Commission (FTC) charges that their car ads were in violation of federal law.

 

Another FTC consent order focued on three national advertising agencies and the preparation of car leasing advertisements. In another case, one large advertising agency settled FTC charges over that ad agency's role in creating certain ads. In addition to the increasing targeting of advertising agencies by FTC in deceptive advertising cases, there is the reality of hundreds of FTC cases, Lanham Act lawsuits, state mini-FTC Act and other advertising law-related actions, and self-regulatory investigations where an advertising agency-prepared ad is challenged.

 

 

 

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  Advertising law and the role of attorneys.

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