2014 Compendium of Legislative, Regulatory, and Legal Issues Affecting Advertising Report from ANA’S Washington, D.C

Total Page:16

File Type:pdf, Size:1020Kb

2014 Compendium of Legislative, Regulatory, and Legal Issues Affecting Advertising Report from ANA’S Washington, D.C 2014 Compendium of Legislative, Regulatory, and Legal Issues Affecting Advertising Report from ANA’s Washington, D.C. Office www.ana.net/advocacy 2014 Compendium of Legislative, Regulatory, and Legal Issues Affecting Advertising Report from ANA’s Washington Office Table of Contents Introduction ....................................................................................................................... 3 The Mid-Term Elections ...................................................................................................... 5 Advertising Taxes ............................................................................................................... 6 Congressional Activity ...................................................................................................... 6 Tax Reform: The Senate Proposal .................................................................................. 6 Tax Reform: The House Proposal ................................................................................... 7 IHS Global Insight Study Update ...................................................................................... 8 Product-Specific Proposals .............................................................................................. 8 Privacy and Interest Based Advertising ............................................................................... 10 Digital Advertising Alliance Self-Regulatory Program ......................................................... 10 The Program ............................................................................................................. 10 Mobile Guidelines ...................................................................................................... 10 Congressional Activity .................................................................................................... 11 Maladvertising ........................................................................................................... 11 Geolocation Data ....................................................................................................... 11 State Activity ................................................................................................................ 12 California .................................................................................................................. 12 New York .................................................................................................................. 12 Big Data....................................................................................................................... 12 Federal Trade Commission ............................................................................................. 13 Internet of Things (IOT) ................................................................................................. 13 DAA Compliance Warning .............................................................................................. 13 Data Security ................................................................................................................... 15 Congressional Activity .................................................................................................... 15 State Activity ................................................................................................................ 16 Federal Trade Commission (FTC) .................................................................................... 16 Online Piracy ................................................................................................................... 17 Core Criteria for Effective Digital Advertising Assurance .................................................... 17 Patent Trolls .................................................................................................................... 19 Congressional Activity .................................................................................................... 19 Judicial Activity ............................................................................................................ 20 Coalition Activity ........................................................................................................... 20 Patent Troll Forums ....................................................................................................... 21 ANA Patent Troll White Paper ........................................................................................ 21 ICANN Top Level Domain Expansion .................................................................................. 22 ICANN “Strawman Proposal” ......................................................................................... 22 Name Collisions ............................................................................................................ 23 Domain Name Battles.................................................................................................... 24 Internet Oversight Transition .......................................................................................... 24 GAC Proposal ............................................................................................................... 25 Bot Fraud Issues .............................................................................................................. 26 2014 Compendium of Legislative, Regulatory, and Legal Issues Affecting Advertising 1 Congressional Activity .................................................................................................... 26 ANA Bot Fraud Study .................................................................................................... 26 Food Advertising .............................................................................................................. 28 The Interagency Working Group (IWG) ............................................................................. 28 Children’s Food and Beverage Advertising Initiative .......................................................... 29 Congressional Activity .................................................................................................... 29 International Activity ..................................................................................................... 30 European Union ......................................................................................................... 30 South Africa .............................................................................................................. 31 Mexico ...................................................................................................................... 31 Ecuador .................................................................................................................... 31 Chile ........................................................................................................................ 32 Colombia .................................................................................................................. 32 Turkey ...................................................................................................................... 32 Singapore ................................................................................................................. 32 UN Advertising Report ................................................................................................ 33 Media .......................................................................................................................... 33 First Lady’s “Let’s Move” Campaign................................................................................ 33 Prescription Drug Advertising ............................................................................................ 35 Congressional Activity .................................................................................................... 35 FDA Review of TV Disclosure Rules ................................................................................. 35 New FDA Studies .......................................................................................................... 36 Tobacco Advertising ......................................................................................................... 37 Congressional Activity .................................................................................................... 37 E-Cigarettes.................................................................................................................. 37 Court Activity ................................................................................................................ 38 International Advertising Developments .............................................................................. 40 UN Advertising Report ................................................................................................... 40 Food Marketing Restrictions Internationally ..................................................................... 40 Privacy in the EU .......................................................................................................... 41 Local Choice Legislation ................................................................................................... 43 Anti-Photoshopping Bill .................................................................................................... 44 Judicial Activity ..............................................................................................................
Recommended publications
  • Advertising and the Public Interest. a Staff Report to the Federal Trade Commission. INSTITUTION Federal Trade Commission, New York, N.Y
    DOCUMENT RESUME ED 074 777 EM 010 980 AUTHCR Howard, John A.; Pulbert, James TITLE Advertising and the Public Interest. A Staff Report to the Federal Trade Commission. INSTITUTION Federal Trade Commission, New York, N.Y. Bureau of Consumer Protection. PUB EATE Feb 73 NOTE 575p. EDRS PRICE MF-$0.65 HC-$19.74 DESCRIPTORS *Broadcast Industry; Commercial Television; Communication (Thought Transfer); Consumer Economics; Consumer Education; Federal Laws; Federal State Relationship; *Government Role; *Investigations; *Marketing; Media Research; Merchandise Information; *Publicize; Public Opinj.on; Public Relations; Radio; Television IDENTIFIERS Federal Communications Commission; *Federal Trade Commission; Food and Drug Administration ABSTRACT The advertising industry in the United States is thoroughly analyzed in this comprehensive, report. The report was prepared mostly from the transcripts of the Federal Trade Commission's (FTC) hearings on Modern Advertising Practices.' The basic structure of the industry as well as its role in marketing strategy is reviewed and*some interesting insights are exposed: The report is primarily concerned with investigating the current state of the art, being prompted mainly by the increased consumes: awareness of the nation and the FTC's own inability to set firm guidelines' for effectively and consistently dealing with the industry. The report points out how advertising does its job, and how it employs sophisticated motivational research and communications methods to reach the wide variety of audiences available. The case of self-regulation is presented with recommendationS that the FTC be particularly harsh in applying evaluation criteria tochildren's advertising. The report was prepared by an outside consulting firm. (MC) ADVERTISING AND THE PUBLIC INTEREST A Staff Report to the Federal Trade Commission by John A.
    [Show full text]
  • Advertising and the Creation of Exchange Value
    University of Massachusetts Amherst ScholarWorks@UMass Amherst Doctoral Dissertations Dissertations and Theses Summer November 2014 Advertising and the Creation of Exchange Value Zoe Sherman University of Massachusetts Amherst Follow this and additional works at: https://scholarworks.umass.edu/dissertations_2 Part of the Economic History Commons, Political Economy Commons, and the Public Relations and Advertising Commons Recommended Citation Sherman, Zoe, "Advertising and the Creation of Exchange Value" (2014). Doctoral Dissertations. 205. https://doi.org/10.7275/5625701.0 https://scholarworks.umass.edu/dissertations_2/205 This Open Access Dissertation is brought to you for free and open access by the Dissertations and Theses at ScholarWorks@UMass Amherst. It has been accepted for inclusion in Doctoral Dissertations by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. ADVERTISING AND THE CREATION OF EXCHANGE VALUE A Dissertation Presented by ZOE SHERMAN Submitted to the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY September 2014 Economics © Copyright by Zoe Sherman 2014 All Rights Reserved ADVERTISING AND THE CREATION OF EXCHANGE VALUE A Dissertation Presented by ZOE SHERMAN Approved as to style and content by: ______________________________________ Gerald Friedman, Chair ______________________________________ Michael Ash, Member ______________________________________ Judith Smith, Member ___________________________________ Michael Ash, Department Chair Economics DEDICATION Dedicated to the memory of Stephen Resnick. ACKNOWLEDGMENTS I have had many strokes of good fortune in my life, not least the intellectual and emotional support I have enjoyed throughout my graduate studies. Stephen Resnick, Gerald Friedman, Michael Ash, and Judith Smith were the midwives of this work.
    [Show full text]
  • Consuming-Kids-Transcript.Pdf
    1 MEDIA EDUCATION F O U N D A T I O N 60 Masonic St. Northampton, MA 01060 | TEL 800.897.0089 | [email protected] | www.mediaed.org Consuming Kids The Commercialization of Childhood Transcript INTRODUCTION The consumer embryo begins to develop during the first year of existence. Children begin their consumer journey in infancy. And they certainly deserve consideration as consumers at that time. – James U. McNeal | Pioneering Youth Marketer [TITLE SCREEN] Consuming Kids: The Commercialization of Childhood NARRATOR: Not since the end of World War II, at the height of the baby boom, have there been so many kids in our midst. There are now more than 52 million kids under 12 in all in the United States – the biggest burst in the U.S. youth population in half a century. And for American business, these kids have come to represent the ultimate prize: an unprecedented, powerful and elusive new demographic to be cut up and captured at all costs. There is no doubt that marketers have their sights on kids because of their increasing buying power – the amount of money they now spend on everything from clothes to music to electronics, totaling some 40 billion dollars every year. But perhaps the bigger reason for marketers’ interest in kids may be the amount of adult spending that American kids under 12 now directly influence – an astronomical 700 billion dollars a year, roughly the equivalent of the combined economies of the world’s 115 poorest countries. DAVID WALSH: One economic impact of children is the money that they themselves spend – the money that they get from their parents or grandparents, the money that they get as allowance; when they get older, the money that they earn themselves.
    [Show full text]
  • Advertising Industry Industry MODULE - 5 Advertising and Public Relations
    AdvertisingAdvertising Industry Industry MODULE - 5 Advertising and Public Relations 18 Notes ADVERTISING INDUSTRY Which toothpaste do you use? Have you seen its advertisement? If there was no advertising, how will you know that this brand of toothpaste is being sold in the market? Ads provide us with information about new products. Advertising as a medium of information can be very powerful. However wrong advertising can reduce the sales of a product. Are there any ads that you find annoying? In this lesson, you will learn more about the world of advertising and what makes a good ad campaign. OBJECTIVES After studying this lesson, you will be able to do the following : z explain the principles of advertising; z identify key concerns in advertising planning; z list the guidelines governing the ad industry; z describe the main components in the structure of an ad agency; z differentiate between advertising and public relations. 18.1 PRINCIPLES OF ADVERTISING Do you like going to the markets? People often like to buy new things but advertisers and ad agencies believe that customers have needs and desires, which are fulfilled through sale and purchase of goods. Do you like watching/ reading ads? Do you know that a lot of thought goes into creating even a small advertisement? There are some basic principles that all ad producers keep in mind when creating an advertsement. People have some basic needs – physiological, safety, love, esteem and self – MASS COMMUNICATION 79 MODULE - 5 Advertising Industry Advertising and Public Relations confidence. Advertising keeps these needs in mind and appeals to emotions of envy, fear and anxiety about one’s status and appearance.
    [Show full text]
  • Black and White Advertising in Fashion Magazines
    The University of Southern Mississippi The Aquila Digital Community Honors Theses Honors College Fall 12-2015 Black and White Advertising in Fashion Magazines Lauren E. Necaise University of Southern Mississippi Follow this and additional works at: https://aquila.usm.edu/honors_theses Part of the Marketing Commons Recommended Citation Necaise, Lauren E., "Black and White Advertising in Fashion Magazines" (2015). Honors Theses. 347. https://aquila.usm.edu/honors_theses/347 This Honors College Thesis is brought to you for free and open access by the Honors College at The Aquila Digital Community. It has been accepted for inclusion in Honors Theses by an authorized administrator of The Aquila Digital Community. For more information, please contact [email protected]. The University of Southern Mississippi Black and White Advertising in Fashion Magazines by Lauren Elizabeth Necaise A Thesis Submitted to the Honors College of The University of Southern Mississippi in Partial Fulfillment of the Requirements for the Degree of Bachelor of Arts in the School of Mass Communications and Journalism December 2015 ii Approved by ____________________________________ Fei Xue, Ph.D., Thesis Advisor Associate Professor of Advertising ____________________________________ David R. Davies, Ph.D., Director School of Mass Communication and Journalism ____________________________________ Ellen Weinauer, Ph.D., Dean Honors College iii Abstract This thesis consists of a quantitative analysis with respect to black and white advertising in select women’s fashion magazines. There were five research questions outlined. A code sheet was created to obtain data with regard to factors including: number of black and white and total advertisements, product/service category, setting, advertisement size, percent of black and white of the ad, position, product/user, black and white visual and verbal (words/ information), emotional/intellectual appeal.
    [Show full text]
  • Food Industry Must Adapt to Changes in Trends and Consumers' Eating
    VOLUME 1, NO. 4 FALL 2006 the newsmagazine for the food industry professional Joel Johnson insights... Food industry must adapt to changes in trends and consumers’ eating habits This year at Urner Barry’s Executive as dinner dynamics “...the difficult diner is pressuring the industry to create Conference and Marketing Seminar, continue to evolve. products that truly give users what they Joel Johnson, Chairman of the Board at More value-added task of want, when they want it, and the way they Hormel Foods, enlightened his audience products are needed striving to want it. Few people have time to cook from about the changing macro trends and the to help the industry protect scratch; if anyone does cook, next wave of consumers’ eating habits. build a more direct the family it will be simple. In short, if relationship with dinner hour the food industry is going Johnson feels that the days of the typical the consumer. In to successfully transition dinner hour are gone; the difficult task of turn, he feels this now exists.” with the changing dining striving to protect the family dinner hour will create more trends, the consumer must now exists. Fewer than 25% of households opportunities which will increase chances be engaged and enticed are married with children, and single for success. with quality products parent homes are twice that of the 70s. that can simplify Johnson also highlighted the different their lives.UB Rarely does the American family sit ways times have changed—from the Joel Johnson down at the same table and eat the same varying family unit, to women meal.
    [Show full text]
  • Is Self-Regulation the Best Option for the Advertising Industry in The
    IS SELF-REGULATION THE BEST OPTION FOR THE ADVERTISING INDUSTRY IN THE EUROPEAN UNION? AN ARGUMENT FOR THE HARMONIZATION OF ADVERTISING LAWS THROUGH THE CONTINUED USE OF DIRECTIVES THOMAS W. READER* 1. INTRODUCTION Advertising law in the European Union ("EU")1 varies greatly among Member States. Although advertising was not addressed specifically in the Treaty on European Union,2 the EU traditionally has regulated the advertising industry through the use of directives.3 These directives, however, do not provide sufficient guidance for companies seeking to advertise on a pan-European basis.4 The advertising * J.D. Candidate, 1995, University of Pennsylvania Law School; B.S.B.A., 1992, University of Delaware. I would like to thank my family and friends for their suggestions and support. ' There are four governmental bodies in the EU: 1) the Council of the European Communities ("Council"), which acts primarily as an intergovernmental legislative body; 2) the Commission of the European Communities ("Commission"), which functions as an executive organ; 3) the European Parliament, which represents the people of the Member States; and 4) the Court of Justice of the European Communities ("ECJ"), which serves as a judicial body. Supporting these bodies in an advisory capacity is the Economic and Social Committee ("Committee"). The legislative procedure within the EU consists generally of the Commission making a proposal to the Council, which then decides whether to act upon it. If the Council accepts the proposal, it may be required to seek the opinion of Parliament or of the Economic and Social Committee. See generally Mark Brealey & Conor Quigley, COMPLETING THE INTERNAL MARKET OF THE EUROPEAN COMMUNITY: 1992 HANDBOOK xxi-xxix (1989) (describing generally the legislative process in the EU).
    [Show full text]
  • The Airport Advertising's Importance in the Present Perspective
    International Journal of Management (IJM) Volume 12, Issue 1, January 2021, pp. 697-706. Article ID: IJM_12_01_060 Available online at http://www.iaeme.com/ijm/issues.asp?JType=IJM&VType=12&IType=1 Journal Impact Factor (2020): 10.1471 (Calculated by GISI) www.jifactor.com ISSN Print: 0976-6502 and ISSN Online: 0976-6510 DOI: 10.34218/IJM.12.1.2021.060 © IAEME Publication Scopus Indexed THE AIRPORT ADVERTISING'S IMPORTANCE IN THE PRESENT PERSPECTIVE Palvi Jearth Junior Research Fellow, Punjabi University, Patiala, India Dr. Gurcharan Singh Professor, Punjabi University, Patiala, India Shikhil Munjal Junior Research Fellow, Punjabi University, Patiala, India ABSTRACT The airport is a unique stage made up of unique features and it offers a wonderful combination of emotions and people, everyone is on a journey and the airport is a part of their story. In this modern world, travellers are spending more time at the airport each time they travel. While waiting at the airport, they often shop and read airport advertising. With the increase in the number of passengers, Airline and Airport advertising have become a means of acquiring enormous prospects. As the number of Airports is increasing in India, there is need to understand the behaviour of passengers at the airports so that marketers can develop their advertisement accordingly and to show that the airport advertising can be an important complement to outdoor campaigns. This study will lead to a good opportunity for the global brands to do business in the Indian market and to achieve the competitive advantage. Key words: Airport, Travelers, Behaviour, Advertising, Hoardings Cite this Article: Palvi Jearth, Gurcharan Singh and Shikhil Munjal, The Airport Advertising's Importance in the Present Perspective, International Journal of Management, 12(1), 2021, pp 697-706.
    [Show full text]
  • School of Advertising Program Brochure
    School of Advertising academyart.edu SCHOOL OF ADVERTISING Contents Program Overview ...................................................5 What We Teach ......................................................... 7 Faculty .....................................................................11 Degree Options ..................................................... 13 Our Facilities ......................................................... 15 Student & Alumni Testimonials ............................ 17 Experience Before Graduation ............................ 19 Career Paths ......................................................... 21 Additional Learning Experiences ......................... 23 Awards and Accolades ......................................... 25 Online Education .................................................. 27 Academy Life ........................................................ 29 San Francisco ....................................................... 31 Athletics ................................................................ 33 Apply Today .......................................................... 35 < Advertising awards won by Academy students 3 SCHOOL OF ADVERTISING Program Overview Learn to mix pop culture with storytelling, art, media, and design. Build a compelling portfolio to get the attention of top creatives in hot agencies worldwide. OUR MISSION WHAT SETS US APART At Academy of Art University, you will learn to • Learn a comprehensive suite of advertising master all media with ideas that intrigue people. skills,
    [Show full text]
  • Poly Advertising and Engineering| a Business Plan
    University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 1996 Poly Advertising and Engineering| A business plan Thom M. Tingley The University of Montana Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits ou.y Recommended Citation Tingley, Thom M., "Poly Advertising and Engineering| A business plan" (1996). Graduate Student Theses, Dissertations, & Professional Papers. 3249. https://scholarworks.umt.edu/etd/3249 This Professional Paper is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana. It has been accepted for inclusion in Graduate Student Theses, Dissertations, & Professional Papers by an authorized administrator of ScholarWorks at University of Montana. For more information, please contact [email protected]. Maureen and Mike MANSFIELD LIBRARY The University of MONTANA Pemiission is granted by the author to reproduce tliis material in its entirety, provided that this material is used for scholarly purposes and is properly cited in published works and reports. ** Please check "Yes" or "No" and provide signature ** Yes, I grant permission No, I do not CTant permission Author's Signature ii Date 8^ H Any copying for commercial purposes or financial gain may be undertaken only with the author's explicit consent. Poly Advertising and Engineering: A Business Plan By Thom M. Tingley A professional paper submitted in partial fulfillment of the requirements for the degree of Master of Business Administration University of Montana 1996 UMI Number: EP36457 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted.
    [Show full text]
  • International Advertising Education: Curriculum and Pedagogy Frauke Hachtmann University of Nebraska-Lincoln, [email protected]
    University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Faculty Publications, College of Journalism & Mass Journalism and Mass Communications, College of Communications 2014 International Advertising Education: Curriculum and Pedagogy Frauke Hachtmann University of Nebraska-Lincoln, [email protected] Follow this and additional works at: http://digitalcommons.unl.edu/journalismfacpub Hachtmann, Frauke, "International Advertising Education: Curriculum and Pedagogy" (2014). Faculty Publications, College of Journalism & Mass Communications. 82. http://digitalcommons.unl.edu/journalismfacpub/82 This Article is brought to you for free and open access by the Journalism and Mass Communications, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Faculty Publications, College of Journalism & Mass Communications by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. digitalcommons.unl.edu Published (as Chapter 28) in The Handbook of International Advertising Re- search, First Edition, edited by Hong Cheng (John Wiley & Sons, 2014), pp. 575–591. Copyright © 2014 John Wiley & Sons, Inc. Used by permission. International Advertising Education: Curriculum and Pedagogy Frauke Hachtmann Introduction Since the end of World War II and the subsequent emergence of new democ- racies and free market societies in Europe and parts of Asia, advertising practitio- ners and educators have recognized that advertising students needed to be pre- pared to work in international markets (Miracle, 2008; Dunn, 1994). The global advertising industry began to grow rapidly, and it was no longer enough to just compete within the United States. Despite the recent global economic recession, global advertising spending reached US$ 485.4 billion in 2011, with North Amer- ica, Europe, and Asia-Pacific accounting for 33.1%, 30.0%, and 26.1%, respectively (WARC, 2012).
    [Show full text]
  • The Uk Tv Advertising Market: Battered, Bruised…Broken?
    THE UK TV ADVERTISING MARKET: BATTERED, BRUISED…BROKEN? The TV advertising industry was worth over £5bn in 2016. However a EXECUTIVE SUMMARY combination of economic, legislative and audience factors are likely to significantly reduce revenues over the upcoming twelve to twenty four • To date, TV ad revenues have months. resisted the momentum of digital media - Brexit: Economic headwinds • The structure of the advertising pie - Legislative factors: Increased regulation of gambling advertising and economic headwinds have now - The Marketing Mix: Shift of budgets to Digital channels reached a tipping point - Declining audiences: An ageing and less affluent viewership • Capturing growth in online video will - Event programming: A lack of high quality, revenue driving sports be the battleground, sitting at the intersection of all media BREXIT: ECONOMIC HEADWINDS • Linear TV advertisers will increasingly The second half of 2016 saw significant declines in TV advertising mirror TV’s audience profile expenditure and marketing confidence following Brexit. The early signs • Spot revenues for all broadcasters for 2017 are negative. look set to erode – albeit slowly TV advertising revenues showed clear signs of suffering in the wake of • However there is hope - digital ad the Brexit vote. Advertising revenues from Jan-June 2016 had been spend is now under the microscope resilient, up by around 2% YoY however they fell away in the second half. and is due a recalibration September to November showed combined year-on-year revenue declines upwards of £60 million (fig. 1.). In the first two months of 2017 declines have been steeper with estimates suggesting 5% declines in January & February.
    [Show full text]