Policy, Program and Procedures

We are working on writing a Marketing & Advertising Policy...   Can anyone help with any laws/regulations that govern advertising?  We are located in Texas, and we pulled a sample policy to work from which says to check on these and what is considered a Best Practice to check your state's rules.  Any help is appreciated, thank you.

Hi there,

Since your question didn't specify if you were creating a general marketing and advertising policy or one that is specifically relevant to vendors providing marketing and advertising, I have provided a list of regulations and resources for you to consider.

• Federal Trade Commission Act (FTC Act): Prohibits unfair or deceptive acts in commerce, enforced by the Federal Trade Commission (FTC) 
• Federal Communications Commission (FCC): Regulates advertising on broadcast media to ensure compliance with communication laws. More information can be found on the FCC website
• Food, Drug, and Cosmetic Act (FD&C Act): Enforced by the Food and Drug Administration FDA, it governs the advertising of food, drugs, and cosmetics, requiring substantiated claims. 
• Lanham Act: Addresses false advertising and trademark infringement, allowing lawsuits against competitors making misleading claims. Read more about it here
• Children's Online Privacy Protection Act (COPPA): Protects children under 13 by regulating the collection of their personal information online. More details can be found here 
• Consumer Review Fairness Act: Safeguards consumers' rights to leave honest reviews without retaliatory actions from businesses. You can learn more here

The DAA is an independent non-profit organization led by leading advertising and marketing trade associations. While not an official regulatory agency, the Digital Advertising Alliance does provide several useful guidelines and resources. 

There are also specific Third-Party Risk Management (TPRM) regulations and guidelines that can impact marketing and advertising vendors including:

Federal Trade Commission (FTC) Guidelines:

• Ensures third-party vendors comply with advertising laws.
• Requires marketing claims to be truthful and not misleading.

General Data Protection Regulation (GDPR) 

• Applies if vendors handle personal data of EU citizens.
• Mandates data protection and privacy compliance.

California Consumer Privacy Act (CCPA) 

• Requires compliance for vendors handling data of California residents.
• Focuses on transparency in data collection and usage.

Financial Industry Regulatory Authority (FINRA) 

• Provides guidelines for third-party vendors in financial services.
• Ensures adherence to industry compliance standards.

I hope this list is helpful but would love to see what other members might add.