ABSTRACT

Advertising, public relations and marketing are subject to numerous laws and regulations. While the First Amendment provides some freedom for commercial speech, consumers need to be protected as well against fraud and deception. This chapter explains the role of agencies such as the Federal Trade Commission, the Food and Drug Administration, the Securities and Exchange Commission and others in regulating how products and services may be marketed. Topics include the development of the commercial speech doctrine, state and federal deceptive trade practices laws, required disclosures for endorsements and online influencers, tobacco and drug advertising restrictions and industry self-regulation.