Broadcast Law Blog

Broadcast Law Blog

Category Archives: Advertising Issues

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What to do When a Local Political Candidate Appears in a Spot Advertisement for a Commercial Business

Posted in Advertising Issues, Political Broadcasting
This has been an unusual political year, as the number of political broadcasting legal issues that have arisen seems far smaller than in past election cycles. Perhaps broadcasters are all on top of the issues this year, or maybe the questions that often arise in connection with attack ads simply pale in comparison to some… Continue Reading

What Could Possibly Go Wrong With a Broadcast Contest? – From the Legal Side

Posted in Advertising Issues, AM Radio, FCC Fines, FM Radio, Programming Regulations, Public Interest Obligations/Localism, Television
Earlier this week, our friends at the broadcast and digital media consulting and research firm Jacobs Media posted an article on their blog called “What Could Possibly Go Wrong,” dealing with the financial and reputational issues that can arise if a contest is not fully thought out. That article reminded me of all of the… Continue Reading

Second Circuit Holds Marketing Campaign Organizer Liable Under FTC Act for Deceptive Representations of Its Marketing “Affiliates”

Posted in Advertising Issues, On Line Media, Website Issues
There is nothing new about the FTC bringing enforcement actions based on deceptive advertising practices.  Those cases are the FTC’s bread and butter.  But in recent years the FTC has been pushing forward with cases that address the increasingly complex network of entities involved in marketing, including companies that collect, buy, and sell consumer information… Continue Reading

Reminder: Lowest Unit Rates for the November Election Start Tomorrow

Posted in Advertising Issues, Political Broadcasting
It’s election season, and for the 60 days before any general election, broadcast stations are required to charge political candidates the “lowest unit rate” for comparable advertising time that runs on their stations. That means that, for each class of advertising time on any particular station, the candidate can only be charged the lowest rate at… Continue Reading

Update: More on Marijuana Advertising

Posted in Advertising Issues, License Renewal, Public Interest Obligations/Localism
In the few days since I posted this update on concerns about marijuana advertising, there has been much attention devoted to the subject – and none of it undermines my belief that broadcasters need to continue to be cautious in this area. Yesterday, there was an article in the Sacramento Bee newspaper, specifically addressing the… Continue Reading

FDA Continues to Schedule Marijuana as a Schedule I Drug – Doing Nothing to Clarify the Still Murky State of Broadcast Advertising

Posted in Advertising Issues, License Renewal, Public Interest Obligations/Localism
Last week’s letter from the FDA detailing its position that there should be no change in marijuana being classified as a Schedule I drug under Federal law reinforces the fact that, under Federal law, the drug is still illegal – no matter what certain states may do to legalize or decriminalize its use. As the… Continue Reading

Programmatic Advertising Buying and the FCC’s Political Broadcasting Rules

Posted in Advertising Issues, Political Broadcasting
With the national presidential conventions complete, and most of the state primaries for Congressional, state and local offices either behind us or to occur in the next few weeks, the most concentrated period for the purchase of political advertising on broadcast stations is now upon us, to peak in the late October/early November frenzy. While… Continue Reading

Stephen Colbert Brews Up a Parody on Aggressive Protection of Olympic Trademarks

Posted in Advertising Issues, Intellectual Property, Trademark
A few weeks ago, we wrote here about the risks of using in advertising and promotions the Olympic trademarks, symbols or marks that may suggest an association with the Olympic Games.  The Olympic Committee recently demonstrated just how serious it is about its marks, sending a letter to non-Olympic sponsor companies, warning them  that they… Continue Reading

Dirty Dancing with Trademark Rights: How Pop Culture References in Ads Can Raise Legal Issues

Posted in Advertising Issues, Intellectual Property, Trademark
Prospective advertisers come to your station and describe their ideas for local ads. A realtor’s ad ends with “There’s no place like home.” A boat builder says he will tell buyers, “You’re going to need a bigger boat.” And, a used car salesperson wants to say “I’m gonna make you an offer you can’t refuse.”… Continue Reading

Avoiding Olympic Hassles – Trademark and Other Legal Protections Limit the Use of Olympics, Paralympics and Related Terms in Advertising, Marketing, and Promotions

Posted in Advertising Issues, Intellectual Property, Programming Regulations, Trademark
Over the last several months, we have written about the risks of publishing ads or engaging in promotional activities that refer to the SUPER BOWL® or MARCH MADNESS® without first asking the NFL or the NCAA, respectively, for permission to use those marks.  With millions of viewers about to tune into the OLYMPIC® games in… Continue Reading

Political Candidate Ads Without the Candidate’s Voice or Image – What is a Station to Do?

Posted in Advertising Issues, Political Broadcasting
From time to time, questions come up as to whether it is acceptable for broadcast stations to air ads from a political candidate which do not feature the voice or, for TV, the image, of the candidate.  Ads from Federal candidates should almost never be missing the recognizable voice or image, as there are Federal… Continue Reading

Using Text Messages in Promotions and Contests? – $8,500,000 Settlement Provides Reminder to Make Sure You are Aware of TCPA Obligations

Posted in Advertising Issues, FCC Fines, Privacy
In the last few days, the trade press has been full of stories about a settlement of a lawsuit brought against a large broadcaster for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Given that the settlement was for $8.5 million, it has commanded lots of attention. While much of this attention seems to… Continue Reading

With November’s Presidential Election Taking Shape – Likely Political Advertising Issues Ahead for Broadcasters – Looking at Equal Opportunities

Posted in Advertising Issues, Political Broadcasting
After last week’s Indiana primary, it appears that the Republican Party will be nominating Donald Trump as their Presidential candidate. While Hillary Clinton’s defeat in that primary may mean that the primaries continue to have meaning on the Democratic side, with apologies to supporters of Senator Sanders among our readers, most political commentators seem to… Continue Reading

New Federal Advertising Rules on E-Cigs and Other Tobacco Products Adopted – To Become Effective within Two Years

Posted in Advertising Issues, AM Radio, FM Radio, Internet Radio, Internet Video, On Line Media, Television, Website Issues
E-Cigs and vape shops have become a new advertising category for many broadcast stations over the last few years. Unlike ads for cigarettes, little cigars, and smokeless (chewing) tobacco, which are effectively banned on broadcast stations, there are currently few Federal rules on e-cigs. Ads currently cannot make health claims about the product (so the… Continue Reading

Updated Political Broadcasting Guide – Questions and Answers about Broadcasters’ Obligations During this Election Season

Posted in Advertising Issues, AM Radio, FM Radio, Payola and Sponsorship Identification, Political Broadcasting, Television
To help broadcasters sort out the confusing rules about political advertising, we have updated our Political Broadcasting Guide for Broadcasters (note that the URL for the updated version has not changed from prior versions, so your bookmarks should continue to work). The revised guide is much the same as the one that we published two… Continue Reading

It’s March Madness! Know the NCAA’s Rulebook or Risk A Foul Call Against the Unauthorized Use of Its Trademarks

Posted in Advertising Issues, Intellectual Property, Trademark
Two months ago, I wrote here about the risks of publishing ads or engaging in promotional activities that refer to the Super Bowl” without approval of the NFL. Now, with the NCAA Basketball Tournament about to begin, broadcasters, publishers and other businesses need to be multiply wary about potential claims arising from their use terms… Continue Reading

The Murky State of Rules on Broadcast Advertising of Marijuana Products in States Which Have Legalized its Sale or Use

Posted in Advertising Issues, General FCC, License Renewal, Public Interest Obligations/Localism
  Broadcasters, like other federally regulated industries, continue to be leery about advertising for marijuana, even in states where cannabis dispensaries have been legalized for medical or even recreational use.  This week, the NY Times ran an article about companies trying to provide ways for dispensaries to use electronic payment systems, as federally regulated banks… Continue Reading

Ted Cruz Demands Takedown of PAC Ad Attacking His Voting Record – Issues that Broadcast Stations Need to Consider When Threatened by Candidate Wanting an Ad Pulled

Posted in Advertising Issues, Political Broadcasting, Programming Regulations, Television
According to Politico, Ted Cruz’ campaign has demanded that TV stations pull certain PAC ads which he claims distort his voting record on immigration issues. This kind of claim from a political candidate about the unfairness of attack ads is common. Here, Cruz’ representatives apparently don’t threaten lawsuits against the stations for running the ads,… Continue Reading

As The Golden Super Bowl Approaches, Be Aware of The NFL’s Efforts to Protect Its Golden Goose from Unauthorized Ads and Promotions

Posted in Advertising Issues, Intellectual Property, Trademark
With the Super Bowl fast approaching, broadcasters and other media companies are planning advertising and promotions around the big game.  Here is some advice to broadcasters from Mitchell Stabbe, a lawyer from my firm who has spent over 30 years counseling businesses on trademark issues, about legal cautions to consider in finalizing your plans: In addition to… Continue Reading

What Washington Has in Store for Broadcasters in 2016 – Looking at the Legal Issues that the FCC Will Be Considering in the New Year

Posted in Advertising Issues, AM Radio, Broadcast Auctions, Cable Carriage, EEO Compliance/Diversity, Emergency Communications, FM Radio, FM Translators and LPFM, General FCC, Indecency, Internet Video, Low Power Television/Class A TV, Multiple Ownership Rules, Noncommercial Broadcasting, On Line Media, Payola and Sponsorship Identification, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television
It’s that time of the year when we need to dust off the crystal ball and make predictions about the legal issues that will impact the business of broadcasters in 2016.  While we try to look ahead to identify the issues that are on the agenda of the FCC and other government agencies, there are… Continue Reading

Understanding a Broadcaster’s Political Broadcasting Obligations Under FCC Rules – A Webinar Outlining the Requirements

Posted in Advertising Issues, Political Broadcasting
While many broadcasters’ thoughts are on holiday celebrations, the political process leading to the 2016 elections marches on. Last week, Bobby Baker, the head of the FCC’s Office of Political Programming and I conducted a webinar for broadcasters in 16 states on the legal issues that need to be considered in connection with the upcoming… Continue Reading