Understanding The Risks Of Advertising

When it comes to running a successful business, there are a myriad of factors that come into play. A crucial component of beating out your competition is investing in the right kind of advertising. From actual advertisements to your products’ labeling, how you portray your company and brand is a vital component to success.

However, with advertising comes a slew of risks to your business. As local attorneys with experience in advertising law in San Diego, we are aware of how difficult it can be for many business owners to navigate the murky waters of advertising legality. It isn’t always easy to know where the line has to be drawn and what risks your company faces in regards to how you portray your brand and products. If you need help understanding advertising laws better or you are facing a lawsuit in regards to the way you have advertised your products, please reach out to our team. In the meantime, check out the following important information about the risks of advertising.


California's Laws Regarding Deceptive Advertising

When it comes to advertising in the state of California, anything that could be construed as deceptive will land you in trouble. California has strict laws governing how you portray your product or business in order to protect consumers from deceptive marketing.

Many of the laws California has in place revolve around unfair or untrue advertising. These are claims that cannot be substantiated and could mislead a consumer. Not only can you get in trouble for false or misleading advertisements, but you can also land on the wrong side of the law if you are advertising goods or services with the intent not to sell them the way you have advertised them.

California’s laws surrounding advertisements are complex and lengthy. If you are not certain whether or not your advertising plans fall on the safe side of the law, it is best to consult with an attorney. A lawyer who understands the minute details of the local law can help you navigate the system with clarity.

Federal Trade Commission Laws

Not only does the state of California prohibit false advertising of many kinds, but the Federal Trade Commission (FTC) also oversees and regulates marketing and advertising laws. The FTC regulates specific aspects of marketing including email marketing, telemarketing, and other such campaigns. It also oversees product labeling and regulates this with strict promotion guidelines.

For example, if you claim that your product is “green” on your label, you are required to adhere to a specific set of guidelines. If not, you could be in danger of a lawsuit. Another example of the FTC’s reach includes the regulation of email marketing. There are specific laws in place that prohibit certain email marketing tactics in order to prevent spam emails.

What To Do If You Misstepped

Perhaps you are new to the world of advertising law. Maybe you created product labeling or advertisements prior to understanding local and federal regulations. Now you are facing a major lawsuit and you aren’t certain what you should do next. If you have already misstepped and you find yourself in legal trouble, consider the following steps.

#1: Remain Calm

Before you lose your head and too many nights of sleep, recognize that the situation you are facing has been faced many times before. You are certainly not the first business to find themselves in a legal battle and you won’t be the last. Part of running an effective business is being able to calmly handle the storms life throws your way. Rather than panicking and making further mistakes, keep your cool and strategize instead.

#2: Contact Your Lawyer

Next, you want to speak to your lawyer. Working with a local lawyer who understands advertising law will be instrumental to your success. The sooner you contact a lawyer for assistance the better. Your lawyer will be able to provide you with guidance and advice on what steps you should take next.


#3: Prevent Future Mistakes

Finally, whatever the outcome of your legal battle, make sure you set yourself up for future success. After you and your lawyer have finalized this specific case, speak with them about how you can better handle your company’s advertising down the road. It is easy to be confused by the vast array of regulations both locally and federally. The best thing you can do is seek out the help of a professional to ensure that your business doesn’t make the same mistake twice.

Contact Your Local Team

Here at our respected business litigation firm in San Diego, Robert L. Shipley APLC has spent over two decades working with local businesses. When you are overwhelmed by any set of business laws, our firm is here to help. We take a unique approach to aiding businesses. First, we listen to our clients and hear out their concerns. We value what our clients have to say above all else. Next, we act to protect our clients and assist them through challenges they are facing. During the entire process, we communicate clearly and openly. We believe accessibility is a must.

If you are facing an issue or confusion regarding advertising law, please reach out to our firm today. We will work with you to determine what actions need to be taken to protect your business and to set you up for future success.