Advertising Lawyers: Articles of Interest
Involving Advertising Law

This page lists articles - along with a brief description of each article - that appeared in several past issues of Advertising Compliance ServiceÔ, which was published from 1981-2015, its final year.

• On July 18, 2007, the Council of Better Business Bureaus announced 11 pledges approved under its Children's Food and Beverage Advertising Initiative. The pledges were announced at a joint forum hosted by FTC and the Department of Health and Human Services (HHS). Our lead article, "11 Advertisers Pledge to Help in Fight Against Child Obesity," examines this recent development.

   

• Our next article, "Obligations of Food Marketers Over Childhood Obesity," reports on the remarks of FTC Commissioner Jon Leibowitz at this same forum.

   

• New York Attorney General Andrew M. Cuomo recently announced that his office filed a lawsuit against Dell, Inc. and Dell Financial Services, LP. Our next article, "New York AG Sues Dell for False Advertising," discusses this recent suit.

   

• FTC charged an operation with deceptively marketing candy vending machine business opportunities. Our next article, "Business Opportunity Marketers Pay $122,000 to Settle FTC Charges," examines this FTC case.

   

• Our next article, "10 Ways to Avoid Making Suspect Environmental Claims," lists 10 questions that an advertiser should ask when preparing an environmental ad.

   

• Our NAD article examines recent NAD cases in these two categories: (1) Advertising Claims for Dietary Supplement, and (2) Matter Referred to FTC.

   

• A federal district court entered several additional orders against participants in an alleged "cross-border advance-fee telemarketing scheme". Our next article, "Court Orders Defendants To Halt Cross-border Telemarketing," reports on this FTC case.

   

• Consumers filed a civil lawsuit in state court claiming a tobacco company violated state laws barring unfair and deceptive business practices. Their lawsuit ultimately wound up in the U.S. Supreme Court. Our lead article, "FTC Not Within Scope of Statutory Phrase `Acting Under' a Federal `Officer': Supreme Court," examines this case.

   

• This recent case involved a motion for a preliminary injunction seeking to enjoin speech and expression and involving issues of prior restraint on speech. Our next article, "Court Denies Preliminary Injunction in Case With First Amendment Discussion," looks at this case.

   

• Our next article, "12 Key Advertising-Law Related Statutes," briefly discusses twelve of the main statutes FTC uses in regulating advertising and labeling.

   

• At FTC's request, a federal court stopped an operation that allegedly victimized Spanish-speaking consumers nationwide by posing as debt collectors seeking payments consumers didn't owe. Our next article, "Alleged Extortion Scheme Advertised on Spanish-Language TV and Websites," reports on this case.

   

• Our NAD article examines recent NAD cases in these two categories: (1) Avoid Conveying Message That You Provide a Service That May Not Be Typically Available, and (2) Claims Involving Toothpaste.

   

• Our updated feature, "How to Use ACS," offers you valuable advice on how to use Advertising Compliance Service, provides an explanation of how best to use the arsenal of research tools (i.e., Main and Supplementary Indexes and numerous Tables) to help you find important topics and cases quickly and easily.

List of articles appearing in several past issues of Advertising Compliance ServiceÔ continues below.

• Our lead article, "State `Spam' Claim Is Preempted by Federal `CAN-SPAM' Act," examines this federal district court case involving a state "spam" claim and preemption.

   

• Our next article, "10 Things to Do So Your Ads Comply With Advertising Laws," discusses this important topic. This article is a useful review of 10 key areas you should look at when you review your advertising to make sure it's in compliance with the many laws, rules, regulations and guidelines that may affect your ads.

   

• Our next article, "FTC Asks Court to Shut Down Pyramid Operation," looks at this FTC case. FTC recently filed a complaint in federal district court charging that a company sold opportunities to operate on-line digital music stores that was, according to FTC, an illegal pyramid scheme.

   

• Our next article, "Court Lacks Subject-Matter Jurisdiction in Case Involving Professional Advertising," examines this federal district court case.

   

• Our NAD article examines recent NAD cases in these two categories: (1) Express Claim, and (2) Avoid Conveying Unsupported Message.

   

• NEW SUPPLEMENTARY TABLE: In our commitment to make your Service easy to use, we're including Table of Advertising Law Cases: Supplementary Table VIII (covering October 2006 through May 2007) along with this Issue.

   

• REVISED TABLE OF CONTENTS SECTION: We have revised our Table of Contents Section. This section details the current contents of the "Tables" Tab.

• Children see more promotional ads for other programming, but fewer paid ads and fewer minutes of advertising on television. That's one of the main conclusions of a report released on June 1, 2007 by FTC staff. Our lead article, "FTC Research: Children Not Seeing More Food Ads on TV," discusses this FTC report.

   

• Two businesses that marketed oral sprays recently settled FTC charges that their claims were bogus. FTC charged that these operations falsely claimed the sprays were a "fountain of youth," containing or causing the body to produce human growth hormone (HGH). Our next article, "Internet Marketers of Purported HGH Sprays Pay $172,500," looks at this FTC case.

   

• FTC charged defendants with violating the FTC Act and the Telemarketing Sales Rule (TSR) by calling consumers and telling them they were eligible to get "valuable coupons" for groceries and other items, when in fact they were luring them into signing up to buy unwanted magazine subscriptions. Our next article, "FTC Charges Deceptive Magazine Subscription Telemarketing," examines this FTC case.

   

• A businessman settled FTC charges that he sold his greeting card display rack business opportunities by misrepresenting the potential earnings that consumers could make. Our next article, "Businessman Settles FTC Charges Re Greeting Card Display Rack Business Opportunities," discusses this FTC case.

   

• Our NAD article examines recent NAD cases in these three categories: (1) Health Claims, (2) When FDA Hasn't Established Legal or Regulatory Distinction Between Food Products, and (3) Advertising Referred to FTC.

   

• A businessman settled FTC charges that he sold his greeting card display rack business opportunities by misrepresenting the potential earnings that consumers could make. Our next article, "Businessman Settles FTC Charges Re Greeting Card Display Rack Business Opportunities," discusses this FTC case.

   

• Our NAD article examines recent NAD cases in these three categories: (1) Health Claims, (2) When FDA Hasn't Established Legal or Regulatory Distinction Between Food Products, and (3) Advertising Referred to FTC.