What Is Marketing Law?

G. Wiesen

Marketing law refers to sets of laws created to dictate and govern the methods in which companies can utilize marketing and advertising campaigns. Though many different laws exist within this field, many of them are designed to restrict the types of advertisements a company can utilize. There are also laws in place that regulate the kinds of messages a company can utilize for marketing and advertising, including the use of false or incomplete statements. Marketing law can also deal with international issues, such as national identification for products that may have a recognized and protected nation of origin.

Some marketing laws restrict the times during which beer commercials can be televised.
Some marketing laws restrict the times during which beer commercials can be televised.

Much like other types of law, marketing law can deal with local, national, and international concerns that regard marketing and advertising. Some of the most common laws in this field are those that deal with the types of advertising and marketing that companies are allowed to utilize. These laws can regulate anything from the time of day that alcoholic beverages can be advertised on television to the frequency with which businesses can send out email advertisements. While some annoying or obnoxious marketing practices may still be allowed under marketing law, most abusive or belligerent forms of advertising are restricted or penalized under such laws.

The content of advertising may also be controlled or regulated under marketing law, depending on the region in which such laws are made. It may be illegal, for example, for a company to make promises or claims that are not true or cannot be supported by that company. This means that a business is often not allowed to advertise that it will have a product when that product does not actually exist. Such regulations in marketing law are not perfect, however, and so businesses may still advertise a product it has only one or a few of in stock, in an attempt to draw customers who are then directed to a more expensive product.

Marketing law can also deal with international issues with regard to marketing and advertising. Practices that are legal in one country may not be legal in another, so advertisers should understand different types of laws in order to ensure violations are avoided. National identification with a product may also be protected under marketing law in some countries, especially European countries. Certain products may be associated with a designated country or region of origin, such as Champagne or Parmigiano-Reggiano cheese, and only those products from that particular region are allowed to use that name for marketing purposes in some countries.

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