10 things to do your ads comply wth int laws


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10 things to do your ads comply wth int laws

  1. 1. Ten Things to Do So Your Ads Comply With International Advertising Laws Compliance with International Laws
  2. 2. International Laws & Code of Ethics • Whenever you enter a new market as an advertising professional you must study the working of Consumer Protection Society and Consumer Protection Laws in that country. • Try to get your hands on case studies in this particular area. • Remember your advertising messages are expensive and any failure in understanding the Advertising Laws of a particular country may prove detrimental for your career.
  3. 3. Make Sure that You Substantiate Your Advertising Claims • Make Sure that You Substantiate Your Advertising Claims. Advertising substantiation is an important step to make sure your ads comply with all advertising laws, you must be sure that each one of your advertising claims is substantiated before you disseminate the advertisement containing the claim(s). • The FTC is a federal agency in US with a dual mission to protect consumers and promote competition. • The Federal Trade Commission issued a Policy Statement articulating its policy as to this important advertising legal compliance area. • FTC vigorously enforces the requirement that advertisers must substantiate their express and implied claims.
  4. 4. Be Sure that Your Advertising Claims Aren't "Deceptive." • This is not nearly as easy as it sounds. The starting point for any advertiser, ad agency or their attorney is the FTC Policy Statement on Deception. • It specifically bars false advertisements likely to induce the purchase of food, drugs, devices or cosmetics. • This statement defines a false ad for purposes of as one that's "misleading in a material respect." • Next, you should keep current with the plethora of FTC and court decisions that have defined and explained-and continue to define and explain--the phrase "deceptive acts or practices."
  5. 5. Make Certain that Your Advertising Claims Aren't "Unfair." Three key factors that FTC considers when applying the prohibition against consumer unfairness: • Whether the practice injures consumers, • Whether it violates established public policy, and • Whether it's unethical or unscrupulous. Over the years, FTC has further defined and explained these three key factors. The "unfairness" standard is one more crucial advertising law doctrine of which all advertisers, advertising agencies and their attorneys must be aware.
  6. 6. Make Sure Your Advertising Claims Measure Up to the "Truth and Accuracy" Standard. • Your ads will go a long way towards being challenge-proof if they follow the basic test laid out by the National Advertising Division (NAD) of the Council of Better Business Businesses: "truth and accuracy." • In US, the advertising industry's self-regulatory system was designed "to foster high standards of truth and accuracy in national advertising.“
  7. 7. Be Certain Your Comparative Advertising Claims Are Fully Substantiated and Are Not False or Deceptive. • Because of the great benefits inherent in Comparative Advertising, FTC looks at it in much the same way as other types of advertising. Ultimately, the question is whether the comparative advertising claim has a tendency or capacity to be false or deceptive. The level of substantiation required is also viewed as being the same level required in other types of ads. • Nevertheless, because a competitor is involved, you should be certain that your ad claims possess sufficient clarity and, if necessary, appropriate disclosures to avoid deception to consumers. • Keep in mind that your competitor is watching or reading your comparative ad. And your competitor can use the relevant Act to redress any wrongs.
  8. 8. Be Certain Your Comparative Advertising Claims Are Fully Substantiated and Are Not False or Deceptive. • FTC states that comparative advertising could benefit consumers and encourages comparative advertising, provided that the comparisons are “clearly identified, truthful, and non-deceptive”.
  9. 9. You Should Become Familiar with the Advertising Law of the States Where You Do Business. There are a plethora of questions you should be asking if you plan to advertise your product or service in several or more states, including: • Have you reviewed the legal appropriateness of your company's or client's ads or package labels? • Have you taken into account how that ad or label might be used in court in a future product liability suit? • Have you scrutinized all pre-market testing of your company's or client's product to make sure no safety questions might arise later? • Do you also make any safety claims, express or implied? • Have you reviewed any instructions accompanying the product for a host of possible advertising compliance problems?
  10. 10. Become a Student of the Advertising Law Developments on Such New Media as the Internet, Mobile and Social Media. • You should be aware of all of the major advertising law development on the internet as these will clearly have an impact on the way you advertise on this vital medium. • A more significant change is the advent of social media. The significance of this new way of networking - and doing business cannot be overstated. You should - for a start - have a Twitter account and follow the key people in the advertising law field. • Twitter can be an excellent resource to discover more about the latest developments in advertising law. . There are speed traps aplenty on the Internet. Examples: • Global Legal Exposure • Privacy Issues • Wholesale Governmental Crackdown on Advertising in Cyberspace • Mounting Federal and State Regulation of Cyberspace Ads
  11. 11. Do You Advertise to Children or Will Your Advertising Reach Substantial Numbers of Children? • Who monitors advertising to children? Here's a partial list: • Federal Trade Commission • Food and Drug Administration • Congress (i.e., House and Senate) • State Legislatures • The Children’s Advertising Review Unit (CARU) • Private Trade Groups
  12. 12. What Are the Global Advertising Legal Compliance Issues Facing Your Ads? • Globalization of commerce has been increasing rapidly. Even companies that don't consider themselves global in scope, actually are. For example, if you have a Website on the World Wide Web, you can be accessed from anywhere on Earth. • Every country treats advertising law issues in different ways. There is a wide variety of international advertising standards and laws. In most countries, for example, comparative advertising is frowned upon or is downright unlawful.
  13. 13. You've Scrutinized Your Ads for What They Expressly Claim--What About 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 by above mentioned bodies.
  14. 14. ENDS