Advertising Compliance Service Publishes Another Noteworthy Article: "Bayer Agrees to Spend $20 Million on Corrective Ad Campaign"

Roxbury, NJ, 04/03/09 As a new Administration in Washington begins, an article in the latest issue of Advertising Compliance Service examines a recent case that is likely a harbinger of the coming expansive regulatory approach in the advertising law area. This article, "Bayer Agrees to Spend $20 Million on Corrective Ad Campaign," notes that the days of stricter advertising scrutiny are already here. The author examines this extraordinary combined state attorneys general and Food and Drug Administration action and notes that this action forcefully demonstrates that advertisers must be much more careful than ever when they review their ads for potential advertising compliance problems. The downside risk today is much greater as is evidenced by the alliance of these 27 attorneys general with FDA in implementing this corrective advertising plan, as pointed out in the article.

In the past, corrective advertising was more talked about than actually done. This action clearly shows that those days are over. Look for more and more "unusual" and creative advertising compliance remedies crafted by the increasingly powerful state attorneys general, FDA, and, of course, FTC. In addition to this article, we sent all of our subscribers a Special Report that contains the full text of the "Stipulation for Modification of Final Judgment and [Proposed] Order" in this case.

Another article in this same issue, "Obama Names Leibowitz as FTC Chairman," examines how President Obama has now put his stamp on this already vigorous regulator of advertising. The article lists several pertinent speeches and prior statements of the new FTC Chairman, Jon Leibowitz, and focuses on one key area where he is sure to step up FTC's regulatory attack: behavioral advertising. Recently, in his previous role as FTC Commissioner in a concurring statement to an FTC staff report, Leibowitz warned that:

"Industry needs to do a better job of meaningful, rigorous self-regulation, or it will certainly invite legislation by Congress and a more regulatory approach by our Commission . . . . Put simply, this could be the last clear chance to show that self-regulation can - and will - effectively protect consumers' privacy in a dynamic online marketplace."

Advertising Compliance Service, which just celebrated its 27th anniversary, has been an authoritative, comprehensive source of time-saving information and analysis in advertising law since 1981. "Advertising Compliance Service provides its subscribers authoritative and important information in those areas important to every attorney who advises clients on advertising and marketing legal issues. And ACS has been doing so consistently for over 27 years." So said John Lichtenberger, Advertising Compliance Service's Publisher and Editor in Chief. In addition to these articles, here is a listing of some of the articles published in Advertising Compliance Service during this past year, written by many of the top attorneys in advertising law today:

• Making It Stop: A Practical Guide to Challenging Your Competitor's Advertising Claims, by John E. Villafranco & Jennifer Ngai!
• Advertisers: Be Aware of the Legal Pitfalls of Going Green, by Ronald R. Urbach and Matthew Smith.
• Made in the U.S.A., Except in California, by Randal Shaheen, Amy Ralph Mudge & George Langendorf!
• Noteworthy Developments in NAD and CARU False Advertising Cases, by Jeffrey S. Edelstein!
• Home Depot to Pull `Rated #1' Claims for Behr Paint, by Stephen R. Bergerson!
• Appearing Before NAD - Ten Practitioner's Tips, by Terri J. Seligman!
• FTC Issues New CAN-SPAM Guidance and Clarifies Position on `Forward-to-a-Friend' Programs, by Jason Kessler!
• The Latest Lanham Act Deception Case to Bring Down a National Advertising Campaign, by Randall K. Miller!
• Misuse of `Dolphin-Safe' Labels, by Carol J. Miller, Distinguished Professor of Business Law at Missouri State University!

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