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Top 10 Advertising Compliance List:
You've Scrutinized Your Ads for What They Expressly Claim--What About any Implied Claims?


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Do you advertise on the Internet? Do you advertise using Web 1.0 methods? Or have you adopted Web 2.0 advertising techniques? Do you advertise on any of the other new media? Are you a large advertiser making a broadcast network buy? No matter where you advertise, there are many steps that you should take first--before you create that ad or place that media buy. And, of course, you should consult with a legal professional before you begin any advertising campaign. This article is a useful review of 10 key areas you ought to consider when you're reviewing your advertising to make sure it complies with the numerous laws, rules, regulations and guidelines that may affect your ads.

Item #10. You've Scrutinized Your Ads for What They Expressly Claim--What About any Implied Claims?

Remember, you must substantiate all of your advertising claims. That includes any implied claims. Have you carefully reviewed your ads for such claims? Remember, just because you think your ad doesn't make any implied claims is by no means the final word on this question. Who else will be looking? Here's a partial list:

  • Your competitors (who can and will do their own consumer testing to prove an implied claim does exist);
  • FTC;
  • FDA (for products within its jurisdiction);
  • State Attorneys General;
  • NAD;
  • CARU (for children's ads).

This issue cuts across a wide variety of areas and is routinely covered in Advertising Compliance Service.

Additional Information Available Offline

See, generally, the following tabs in Advertising Compliance Service for more information on the broad areas discussed in this article:

  • Tab #2, General Articles.
  • Tab #3, Self-Regulation.
  • Tab #4, False, Unfair, Deceptive.
  • Tab #5, Substantiation.
  • Tab #6, Comparative Ads.
  • Tab #7, Remedies (Public).
  • Tab #8, Remedies (Private).
  • Tab #9, State Law.
  • Tab #15, New Media.
  • Tab #16, Children's Ads.
  • Tab #17, Food, Drugs, Cosmetics.
  • Tab #18, Alcoholic Beverages.
  • Tab #26, International Advertising.

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Top 10 Advertising Compliance List:
"Substantiate Your Advertising Claims"
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Advertising Compliance Service is a REFERENCE COMPENDIUM of JLCom Publishing Co., L.L.C.



 

WHO WE ARE

JLCom Publishing Co., LLC is the publisher of Advertising Compliance Service™. For over 30 years, Advertising Compliance Service™ has been the authoritative and comprehensive source of information for advertising law practitioners, advertisers and advertising agencies -- and their attorneys. In-house counsel and outside counsel alike routinely rely on Advertising Compliance Service™. One of the 27 advertising law-related topics regularly covered by this newsletter/reference service is found in Tab #4, and is entitled, "False, Unfair, Deceptive."

JLCom Publishing Co., LLC - publisher of Advertising Compliance Service.

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