Legal Developments in Marketing

Abstract

The topical outline of the developments in the legal environment in which marketing functions is presented below. Since only the most important cases as evaluated by the editorial staff are presented, the lack of important cases may lead to the absence of entries under one or more subtopics. For individual items covered, more detailed information may be obtained by reference to the source cited. Reference to CCH is to the Commerce Clearing House's Trade Regulation Reporter; reference to BNA is to the Bureau of National Affairs' Antitrust & Trade Regulation Report. Contributions by members of the editorial staff are identified by the contributor's surname appearing in the headnote of each specific entry.

Reader Categorization of a Controversial Communication: Advertisement versus Editorial

“…In a separate dissenting statement, Commissioner Azcuenaga said that the "Commission's decision to end this proceeding by accepting an order that is conspicuously weak demonstrates a modicum of interest, at most, in important issues related to smoking and health" (FTC News 1989). Throughout the proceedings and even at the time of the settlement, RJR contended that "Of cigarettes and science" constituted an exercise of free speech protected by the First Amendment to the U.S. Constitution-a view that had been supported by FTC Administrative Law Judge (ALJ) Montgomery K. Hyun and FTC Commissioner Chairman Daniel Oliver (Werner 1987(Werner , 1989.…”