Advertising in the US: Overview
A Practice Note that provides an overview of advertising regulation in the US, highlighting in particular the Federal Trade Commission's (FTC) role. It discusses federal laws (such as Section 5 of the FTC Act), state laws, and self-regulatory programs that govern advertising. It details standards for claim substantiation, compliant disclosures, and the use of endorsements and testimonials under the FTC's Endorsement Guides. The Note also discusses key issues such as comparative advertising, the right of publicity, and restrictions on advertising to children under the Children's Online Privacy Protection Act (COPPA). It examines controls on various advertising methods, such as product placement and native advertising. The Note also covers intellectual property considerations in both traditional and digital media.
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