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Advertising and Marketing Toolkit
Practical Law Toolkit 2-503-9096 (Approx. 25 pages)
Advertising and Marketing Toolkit
by Practical Law Commercial Transactions
| Maintained • USA (National/Federal) |
A collection of resources to assist in identifying key legal and business issues when undertaking advertising and marketing activities.
Advertising and marketing are fundamental to helping companies generate revenue and drive growth. Companies typically engage in advertising and marketing to, among other things:
- Introduce new products or services to their customers.
- Expand into new geographic territories.
- Increase brand awareness for existing products or services in the markets where they are offered.
- Distinguish their products or services from similar offerings sold by competitors.
- Increase public goodwill by visibly associating their brand with community development initiatives or charitable causes.
However, companies must comply with various overlapping federal, state, and local laws to advertise and market effectively. Businesses that fail to navigate through this complex regulatory framework risk losing their customers' trust in their brand and could face costly private legal challenges and government action.
Advertising and marketing practices are often also subject to industry self-regulation. The advertising industry, for example, established the National Advertising Division (NAD) to help maintain truth and accuracy in national advertising. The NAD:
- Monitors and reviews national advertisements directed at consumers ages 12 and older.
- Investigates consumer complaints about misleading advertising claims.
- Provides a forum for competitors to resolve disputes regarding advertising claims.
Generally, the same laws and regulations that apply to traditional forms of advertising and marketing also apply to online and social media practices. For example, the Federal Trade Commission (FTC) applies Section 5 of the Federal Trade Commission Act (FTC Act) to combat misleading or deceptive advertisements or marketing programs carried out over the internet, on mobile applications, on social media platforms, and through other forms of digital media.
The Advertising and Marketing Toolkit is a collection of continuously maintained resources designed to help counsel:
- Structure companies' advertising and marketing campaigns to comply with applicable laws, minimize the risk of legal challenges, and overcome potential regulatory obstacles.
- Draft and negotiate advertising and marketing agreements.