The Impact Of Advertising Law On Business And Public Policy

Are U.S. advertising laws ruining competition? Are they helping or hurting consumers? These questions are answered in the first book ever published to present a comprehensive public policy analysis of advertising law. Using insights from communications theory and economic analysis, Professor Petty analyzes all of the recent reported cases under the principal advertising laws. He examines their tendency to discourage beneficial advertising such as explicit comparisons, and analyzes their potential for protecting consumers from significant injury caused by deceptive advertising. The book begins with an innovative analysis of the Constitutional protection afforded advertising under the First Amendment. Petty proposes a simple test for determining whether particular advertising is fully or partially protected by the First Amendment. This novel analysis continues with an overview of advertising law from an evolutionary perspective and social science perspectives on how advertising works. The bulk of the book examines cases under the Lanham and Federal Trade Commission acts, as well as advertising as regulated by the antitrust laws and the U.S. International Trade Commission.

′In this era of ′snackable′ content which satisfies only in the moment, it′s great to have a comprehensive Advertising Handbook which one can consult repeatedly. The references are comprehensive and the Handbook opens up many key areas for practitioners′ - Hamish Pringle, Director General, IPA ′Finally, a Handbook of Advertising that brings the field up-to-date. I am impressed with its comprehensive coverage of topics and the distinguished specialists who have shared their key findings with us′ - Philip Kotler, Kellogg School of Management ′When trying to make sense of the mystifying world of advertising, academics and practitioners often seem to inhabit separate universes. Not in this Handbook. For once, the best brains from each side genuinely collude – with constructive results. Wise agencies will read it before their clients do′ - Sir Martin Sorrell, CEO, WPP ′This mighty tome brings together a vast range of views of advertising based on deep experience and scholarship. For practitioners and academics alike, it will be a voyage of discovery and enlightenment′ - Lord (Maurice) Saatchi, Chairman, M&C Saatchi ′This magnificent volume captures all we need to know about how advertising works and its context′ - Baroness (Peta) Buscombe, Director General, Advertising Association, London Advertising is a field that has attracted a great deal of academic attention, but to date there has been no summarising of the state of the art of research. This far reaching and scholarly Handbook is edited by two highly respected and trusted thinkers in the field and includes contributions from leading academics based in both the UK and the USA. Tim Ambler and Gerald J Tellis archive their aim of setting advertising and the theory that underpins it in its historical and societal context, show-casing the most significant advertising research questions of our time and pointing readers in the direction of future avenues for fruitful investigation. The SAGE Handbook of Advertising would be a welcome addition to any marketing academics bookshelf.

Marketing scholars have a long history of conducting research on how marketing affects the welfare of society. A significant body of knowledge has developed to look beyond marketing's impact on the corporate bottom line towards the affects of marketing on consumer sovereignty, public health, economic growth, and other aspect of societal welfare. The large and growing amount of research has become fragmented and diverse. There is a need for a volume to pull all of this research together to facilitate the assessment of what we have learned and what we need to study further. This volume fills that need! Handbook of Marketing and Society presents the first comprehensive, in-depth examination of scholarly research on how marketing affects societal welfare. Drawing on the talents of a distinguished group of contributors, the editors have assembled key reviews, analyses, and perspectives on a broad range of research topics including deceptive advertising, warning labels, trademark infringement, antitrust enforcement, environmental labels, privacy protection, social marketing, and corporate societal marketing. An unifying model is presented in the introduction that illustrates the linkage of marketing knowledge, marketing decisions, and societal welfare. Each chapter covers, in a purposeful way, a different link or path through which marketing can affect societal welfare. Future research needs are identified in each chapter in order to help focus marketing thinking and marketing practice serve society more effectively. Academics, graduate students, and others interested in marketing's role in society will find this a valuable resource and an excellent guidebook for future research.

Ivan L. Preston, recognized as a preeminent scholar of the legal dimensions of American advertising, has written The Tangled Web They Weave for the ordinary consumer as well as for advertisers and trade regulators. His frank aim is to demonstrate how advertising can better serve its audience. Advertising, Preston points out, is full of falsity that is quite legal. Indeed, clever presentation of lies can make advertising entertaining to consumers, and Preston provides lively examples and anecdotes of such cases. The problem with falsity in advertising, he argues, is not so much with the bald lie as it is with deception. It is in this thicket of implied claims that he shows us the dangers and indicates the need for regulatory adjustment. Preston takes us down the slippery slope, from the high ground of honest product claims to the unscrupulous bottom-of-the-barrel claims that are wholly false. Along the way he documents the subtle misrepresentations, half and lesser truths, and exploitations of our gullibility that abound in contemporary advertising. The cases he describes are sometimes comic and sometimes shocking and infuriating. Preston's agenda is not merely to cry Foul! He sees advertising as performing not only a legitimate but an important public service. It is in all our interests, therefore, to perfect and not just pillory. As he concludes, "It is the time to see a way to serve society by creating a standard of personal and corporate credibility under which all advertisers, regulators, and consumers should want to live."

This annotated bibliography assists the reader in locating information about the United States Federal Trade Commission. The book is divided into four chapters, each reflecting the major functions and regulatory responsibilities of the FTC.

For a full list of entries and contributors, a generous selection of sample entries, and more, visit the The "Advertising Age" Encyclopedia of Advertising website. Featuring nearly 600 extensively illustrated entries, The Advertising Age Encyclopedia of Advertising provides detailed historic surveys of the world's leading agencies and major advertisers, as well as brand and market histories; it also profiles the influential men and women in advertising, overviews advertising in the major countries of the world, covers important issues affecting the field, and discusses the key aspects of methodology, practice, strategy, and theory. Also includes a color insert.

This study provides an examination of the marketing technique of brand building. It covers aspects of brand management, brand equity, new and mature brands and extends the concept to new areas such as political marketing, green marketing and the arts.

Most cross-border advertising occurs uncontroversially. However, because international advertising activity falls under so many diverse areas of law, some familiarity with the dense web of legislation, regulation, and case law that may effect its use is essential for all advertisers. This well-known book, now in a fully updated third edition, provides all the necessary information in an easy-to-use country-by-country format. Twenty-six country reports, each by a local expert, provide detailed information on the particular legal environment in each country vis-à-visadvertising, including specific effects of all relevant treaties and trade agreements. Among the issues and topics taken into account are the following: · effect of import restrictions on advertising; · use of price comparisons in advertising; · ‘cold calling’; · consumers’ right to dispute resolution; · ‘blacklisted’ practices; · use of a language other than that of the target country; · special rules for agricultural products; · principles of non-discrimination and equal treatment of nationals; · precautionary principle versus risk principle; · protection of trademarks; · false or deceptive indication of source; · product ‘placement’ in non-advertising communications; · respectful interaction with religious, cultural, and social values; and · when a statement may be deemed ‘misleading’. Because the freedom to market a product simultaneously in several countries is a significant economic benefit, the invaluable information and guidance in this book on what is legally possible in a broad range of countries will be enormously beneficial to firms in all fields that engage in the sale and marketing of products or services. Corporate counsel and marketing directors will warmly welcome this new edition of a proven handbook. "