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Marketing and the law

Marketing and the law Ann C. Morales, Anita Cava, and Rend Sacasas, Editors University of Miami Commercial Speech 1999: Significant casters, were forbidden by this federal law from advertis- ing casino gambling in Louisiana and Mississippi because, Developments although legal there, the ads could be heard in nearby Commercial speech, given constitutional protection Texas and Arkansas, where private casino gambling is about two decades ago, has become the springboard for unlawful. increasingly aggressive business advertising. In some Applying the familiar Central Hudson test concerning areas, however, regulators confidently prohibited certain permissible regulation of commercial speech, the trial advertisements or product claims based on the govern- court found that (1) the speech concerned a lawful activity ment's authority to protect public safety and the common and was not misleading, (2) the asserted governmental good. Recent judicial pronouncements in the areas of interest was substantial, (3) the regulation directly casino gambling advertising and nutritional supplement advanced the governmental interest asserted, and (4) it was labeling have sent a clear message that even such authority not more extensive than necessary. The court of appeals is subject to scrutiny. The emerging bottom line: regula- affirmed the trial court, emphasizing the "social ills" asso- tions must be coherent http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of the Academy of Marketing Science Springer Journals

Marketing and the law

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Publisher
Springer Journals
Copyright
Copyright © Academy of Marketing Science 2000
Subject
Economics / Management Science; Business/Management Science, general; Marketing; Social Sciences, general
ISSN
0092-0703
eISSN
1552-7824
DOI
10.1177/0092070300282012
Publisher site
See Article on Publisher Site

Abstract

Ann C. Morales, Anita Cava, and Rend Sacasas, Editors University of Miami Commercial Speech 1999: Significant casters, were forbidden by this federal law from advertis- ing casino gambling in Louisiana and Mississippi because, Developments although legal there, the ads could be heard in nearby Commercial speech, given constitutional protection Texas and Arkansas, where private casino gambling is about two decades ago, has become the springboard for unlawful. increasingly aggressive business advertising. In some Applying the familiar Central Hudson test concerning areas, however, regulators confidently prohibited certain permissible regulation of commercial speech, the trial advertisements or product claims based on the govern- court found that (1) the speech concerned a lawful activity ment's authority to protect public safety and the common and was not misleading, (2) the asserted governmental good. Recent judicial pronouncements in the areas of interest was substantial, (3) the regulation directly casino gambling advertising and nutritional supplement advanced the governmental interest asserted, and (4) it was labeling have sent a clear message that even such authority not more extensive than necessary. The court of appeals is subject to scrutiny. The emerging bottom line: regula- affirmed the trial court, emphasizing the "social ills" asso- tions must be coherent

Journal

Journal of the Academy of Marketing Science – Springer Journals

Published: Mar 1, 2000

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