Chapter 15 - Regulation of Advertising
commercial speech doctrine - ANS-The legal doctrine that states that truthful advertising for
products and services that are not illegal is normally protected by the First Amendment to the
U.S. Constitution.
Printer's ink statute - ANS-A model law drafted in 1911 to control false or misleading advertising.
Most states adopted some version of this model in the early 20th century. Such laws are largely
ineffective because they are not normally enforced.
false/misleading messages - ANS-A component of the CAN-SPAM Act. Commercial e-mail
messages that include "materially false or misleading" header information or deceptive subject
lines are prohibited.
functioning return address and opt-out mechanism - ANS-A component of the CAN-SPAM Act.
All commercial e-mail messages must contain either a functioning return address or an
Internet-based reply "opt-out" mechanism for at least 30 days after transmission of a message.
10-day prohibition period - ANS-A component of the CAN-SPAM Act. Spam senders are barred
from transmitting commercial e-mail messages to any recipient after 10-business days following
the exercise by the recipient of his or her right to opt out of future commercial e-mail messages.
disclosure requirements - ANS-A component of the CAN-SPAM Act. All commercial e-mail
messages must disclose three specific items of content: (a) a clear and conspicuous
identification of the message as an "advertisement or solicitation," (b) a notice of the "opt-out"
mechanism, and (c) a "valid physical postal address." All commercial e-mail "that includes
sexually oriented material" must also include a warning label on the subject line.
aggravated violations - ANS-A component of the CAN-SPAM Act. The act proscribes as
"aggravated violations," warranting additional civil and commercial penalties, (a) e-mail
"harvesting" or the knowing use of harvested addresses, (b) the automated creation of multiple
e-mail accounts used for commercial e-mail, and (c) the use of unauthorized relays for
commercial e-mail messages.
consent order or decree - ANS-A document in which an individual agrees to terminate a specific
behavior, such as an advertising campaign, or refrain from a specific action, such as making a
certain advertising claim.
litigated order - ANS-An order issues by a government agency, like the FTC, requiring that a
particular practice, such as a certain advertisement, be stopped.
substantiation - ANS-A Federal Trade Commission rule that requires an advertiser to prove the
truth of advertising claims made about a product or service.
commercial speech doctrine - ANS-The legal doctrine that states that truthful advertising for
products and services that are not illegal is normally protected by the First Amendment to the
U.S. Constitution.
Printer's ink statute - ANS-A model law drafted in 1911 to control false or misleading advertising.
Most states adopted some version of this model in the early 20th century. Such laws are largely
ineffective because they are not normally enforced.
false/misleading messages - ANS-A component of the CAN-SPAM Act. Commercial e-mail
messages that include "materially false or misleading" header information or deceptive subject
lines are prohibited.
functioning return address and opt-out mechanism - ANS-A component of the CAN-SPAM Act.
All commercial e-mail messages must contain either a functioning return address or an
Internet-based reply "opt-out" mechanism for at least 30 days after transmission of a message.
10-day prohibition period - ANS-A component of the CAN-SPAM Act. Spam senders are barred
from transmitting commercial e-mail messages to any recipient after 10-business days following
the exercise by the recipient of his or her right to opt out of future commercial e-mail messages.
disclosure requirements - ANS-A component of the CAN-SPAM Act. All commercial e-mail
messages must disclose three specific items of content: (a) a clear and conspicuous
identification of the message as an "advertisement or solicitation," (b) a notice of the "opt-out"
mechanism, and (c) a "valid physical postal address." All commercial e-mail "that includes
sexually oriented material" must also include a warning label on the subject line.
aggravated violations - ANS-A component of the CAN-SPAM Act. The act proscribes as
"aggravated violations," warranting additional civil and commercial penalties, (a) e-mail
"harvesting" or the knowing use of harvested addresses, (b) the automated creation of multiple
e-mail accounts used for commercial e-mail, and (c) the use of unauthorized relays for
commercial e-mail messages.
consent order or decree - ANS-A document in which an individual agrees to terminate a specific
behavior, such as an advertising campaign, or refrain from a specific action, such as making a
certain advertising claim.
litigated order - ANS-An order issues by a government agency, like the FTC, requiring that a
particular practice, such as a certain advertisement, be stopped.
substantiation - ANS-A Federal Trade Commission rule that requires an advertiser to prove the
truth of advertising claims made about a product or service.
