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43 IDEA 509 (2003)
Self-Regulation of Advertising: An Alternative to Litigation and Government Action

handle is hein.journals/idea43 and id is 519 raw text is: 509 SELF-REGULATION OF ADVERTISING: AN ALTERNATIVE TO LITIGATION AND GOVERNMENT ACTION JEFFREY S. EDELSTEIN* I. OVERVIEW The advertising industry in the United States has established an extensive system of self-regulation. The primary purposes of self-regulation are to ensure that (1) advertising is truthful, accurate, and not misleading or deceptive, (2) all claims are adequately substantiated, and (3) there is compliance with federal, state, and local laws and regulations. The major components of advertising industry self-regulation are: the National Advertising Division of the Council of Better Business Bureaus, Inc., its appellate body, the National Advertising Review Board, and its children's division, the Children's Advertising Review Unit; the national television networks; and trade associations in many industries. Advertising is also regulated by some magazines and newspapers, some station and cable television groups, and local Better Business Bureaus. There are also controls by advertisers and advertising agencies. The advertising industry engages in self-regulation for a number of reasons. Advertisers and advertising agencies have long recognized that truthful advertising promotes consumer confidence in advertising claims, benefiting all advertisers. Truthful advertising also promotes fair competition between advertisers, provides useful information to consumers enabling them to make rational choices among competing products, and spurs product innovation and improvement. Jeffrey S. Edelstein is a partner at Hall Dickler Kent Goldstein & Wood LLP, New York, New York, where he specializes in advertising, marketing, and intellectual property law. He received his B.A. from the University of California at Berkeley and his J.D. from Harvard Law School. He was formerly Attorney-Advisor to Commissioner Elizabeth Dole at the Federal Trade Commission and Director of Broadcast Standards and Practices at the American Broadcasting Company. Volume 43 - Number 3

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