Guide · Commercial

Advertising and Marketing Law: A Comprehensive Guide to Substantiation, Endorsements, and Claims

15 U.S.C. § 45

Type
Guide
Jurisdiction
National
Date
2024-03-06
Topic
Commercial

A complete practitioner's treatment of United States advertising and marketing law for in-house counsel, agency lawyers, litigators, and regulators. Parts I through III cover the statutory architecture, the deception test drawn from the FTC's Deception Policy Statement, and the unfairness authority under Section 5(n) that now governs dark patterns and obstructed cancellation. Parts IV through VII cover the analytical core of the field: identifying express and implied claims from the net impression, the narrow scope of puffery, the prior substantiation doctrine and what competent and reliable scientific evidence requires, establishment and comparative claims, and the functional test for clear and conspicuous disclosure across media. Parts VIII through XIII cover the specialty regimes that generate most enforcement: the Endorsement Guides and influencer marketing, the consumer reviews rule, Made in USA and environmental and health claims, deceptive pricing and fees, negative option and auto-renewal marketing under ROSCA and the state statutes, and children's advertising. Part XIV maps the four enforcement forums and the remedies available in each after AMG Capital and Lexmark, including who besides the advertiser can be held liable. Part XV is a verification list for clearing a campaign or evaluating a claim.

Advertising and Marketing Law: A Comprehensive Guide to Substantiation, Endorsements, and Claims

Commercial > Advertising and Marketing | Published 6 March 2024 - Updated 3 June 2026 | UpLaw - uplaw.us

In brief. Three questions decide almost every advertising matter. What does the ad convey to a reasonable consumer? Is that message material? Could the advertiser prove it before the ad ran? The third question decides more cases than the other two combined, and it is the one advertisers most often cannot answer.

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