Advertising Laws and Regulations In-House Lawyers Should Know
In-house counsel may be tempted simply to apply a common sense approach to marketing and advertising issues you may encounter. After all, operating on good-faith and honest disclosure works well-enough for general law practice, right?
Well, you'd be wrong. Advertising and marketing are actually subject to numerous federal, state, and local laws and regulations. Keeping track of which laws govern which industries can be quite a chore. But it must be done.
Advertising is governed by a range of federal, state, and local regulations. In light of this complexity, some inside counsel may elect to take a "common sense" approach to marketing and advertising issues, relying on the assumption that being truthful, ethical, and logical will insulate their company from liability. But advertising decisions involve more than truth, ethics, or logic. Instead, such decisions require in-depth knowledge of the numerous laws and regulations that govern specific industries and advertising practices. Failure to know the applicable laws can cost you.
We hate to be harbingers of doom, but in-house lawyers are paid the big bucks to know these traps. You can guide your company through the forest of monsters that is marketing and advertising. Remember: a top-down approach is often the best.
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