As mentioned in my previous blog post, I gave a presentation at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference titled “The Pursuit of ‘Truth’ in Advertising.” It explored how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. Today, I will share the second installment in my series of highlights from my presentation.
There is one bedrock principle that has always defined advertising regulation: advertising and marketing must be truthful, non-misleading and non-deceptive. That’s the common thread tying together all consumer protection principles. But today, it’s much more complicated.
When the … Continue Reading