INTRODUCTION Contributed by: Jeffrey A. Greenbaum, Frankfurt Kurnit Klein & Selz
Substantiating advertising claims It should come as no surprise that advertising laws around the world generally require marketers to ensure that their claims are truthful and not misleading and that they have proof to back them up. Ensuring that claims are truthful and properly substantiated is certainly an important first step in any global market - ing campaign. Marketers should pay close attention, however, to the differences in how claims are inter - preted, to country-specific rules for making certain types of claims, to the level of proof required to back up their claims, and to what obligations marketers have to make that proof available to the public. Although there are many developments in this area globally that may impact marketers, one trend that is worth paying attention to is the increasing importance that legislators and others are placing on obtaining third- party certification of claims being made. There is also increased interest in requiring marketers to be transpar - ent about the support that they have for their claims. Complying with local laws and cultural norms It should also not be too much of a surprise to market - ers that some marketing practices that are perfectly legal in one jurisdiction – such as comparative adver - tising, advertising of alcohol, or inviting consumers to enter for a chance to win a prize – are going to be heavily restricted or prohibited in others. Although there are certainly many similarities among countries’ laws, there is simply no substitute for getting local advice from experienced advertising counsel about planned advertising campaigns. Getting expert local advice helps with more than just legal compliance, however. Often, the trouble that advertisers run into when advertising in foreign jurisdic - tions relates less to legal compliance and more to sim - ply not understanding the cultural norms in that country. For example, an advertising campaign that references religion or politics in one country may not cause con - sumers to blink an eye, while in another it could cause widespread offence (or even violate the law). Enforcement and litigation often tracks key consumer concerns The development of new advertising rules, the are - as where regulators and self-regulators focus the
From AI to Environmental Marketing: How Advertising and Marketing Laws Are Evolving Globally We live in a global marketplace. Whether relying on traditional distribution channels or the opportunities posed by e-commerce, marketers are looking globally to advertise and sell their products and services. While this ever-expanding marketplace provides enormous opportunities for brands, it also presents significant compliance challenges that are becoming even more difficult to navigate in today’s very complicated geo - political environment. Advertising is heavily regulated around the world and, in some cases, the laws governing advertising and marketing practices in countries can vary widely. Jurisdictions also approach the regulation of adver - tising in many different ways. Some rely on general consumer protection laws, others have detailed rules that govern specific marketing practices, and some rely more heavily on advertising self-regulatory organi - sations. There are also significant differences in the level of oversight that jurisdictions provide before advertising is published. For example, some jurisdictions require most advertising materials to be approved before publication, while others only require certain types to be pre-approved. In some places, self-regulatory and media organisations play an important role in pre- approving advertising as well. There are also jurisdic - tions where few, if any, pre-approvals are required. The legal risks that marketers face around the world also vary widely. Some jurisdictions have regulators that aggressively challenge advertising claims, while others have regulators that rarely take action. Although many jurisdictions also have advertising self-regulato - ry programmes that provide guidance on advertising practices, bring challenges, and resolve advertising disputes, others do not. Private litigation – challenges both by competitors and consumers – plays an impor - tant role in policing advertising claims in some juris - dictions, while other jurisdictions are far less litigious. The remedies that are available vary widely as well, depending on how the claims are brought.
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