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Journal articles on the topic 'Advertising restrictions'

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Published: 4 June 2021

Last updated: 25 April 2022

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1

Mirza, Maryam. "Advertising Restrictions and Market Concentration in the Cigarette Industry: A Cross-Country Analysis." International Journal of Environmental Research and Public Health 16, no. 18 (September 12, 2019): 3364. http://dx.doi.org/10.3390/ijerph16183364.

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There has been a large increase in the adoption of tobacco advertising restrictions worldwide over the last two decades. Much of the literature studies their direct effect on cigarette demand. This paper investigates the indirect effect of advertising restrictions by evaluating the effect of the policies on the degree of concentration in the tobacco market. By using the variation between countries in timing of adoption of advertising restrictions, I estimate difference-in-difference models to examine the effect of an advertising ban on market-concentration, as measured by HHI. I find that advertising bans lead to an increase in market-concentration: HHI increased by 0.06 points for countries that adopted a ban between 2001 and 2017 conditional on trade and socio-economic characteristics, representing a 13% increase with respect to the mean (0.44). The effect is higher in developing countries (0.08 points increase). Further, I find that ‘comprehensive’ restrictions have a stronger impact on concentration, and ‘limited’ restrictions have little or no impact. These findings point to an important trade-off for policymakers: on one hand, advertising restrictions are likely to reduce consumption of cigarettes; on the other hand, due to an increase in market-concentration, they may be giving more power to tobacco companies.

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2

Tremblay, Victor J., and Kumiko Okuyama. "ADVERTISING RESTRICTIONS, COMPETITION, AND ALCOHOL CONSUMPTION." Contemporary Economic Policy 19, no. 3 (July 2001): 313–21. http://dx.doi.org/10.1093/cep/19.3.313.

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3

Sviták, Jan, Jan Tichem, and Stefan Haasbeek. "Price effects of search advertising restrictions." International Journal of Industrial Organization 77 (June 2021): 102736. http://dx.doi.org/10.1016/j.ijindorg.2021.102736.

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4

Petty, Ross D., Sandra E. McKay, Mary Jane Dundas, and John W. Yeargain. "The FDA's Proposed Rules Regulating Tobacco and Underage Smoking and the Commercial Speech Doctrine." Journal of Public Policy & Marketing 15, no. 2 (September 1996): 296–303. http://dx.doi.org/10.1177/074391569601500210.

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The authors examine the FDA's proposed regulations restricting the advertising of tobacco products in an attempt to determine if the four-prong test in Central Hudson and Electric Corporation v. Public Service Commission (1980) is met. On the basis of previous court decisions regarding commercial speech, the authors suggest that the proposed advertising restrictions should withstand constitutional challenge. Implications for marketing professionals are discussed.

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5

van den Bergen, Kimberley. "Advertising Restrictions versus the Freedom to Provide Services." Legal Issues of Economic Integration 41, Issue 3 (August 1, 2014): 305–14. http://dx.doi.org/10.54648/leie2014018.

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In order to protect consumers from excessive television advertising and to create a level playing field for all broadcasters within the European Union (EU), the Audiovisual Media Services Directives sets rules regarding television advertising. Stricter national rules on television advertising are permitted provided they are in compliance with Union Law. Italy used national regulation to impose different maximum transmission times for advertising on pay-TV broadcasters and free-to-air broadcasters. This case-note on SKY-Italia discusses whether the different maximum transmission times for television advertising are compatible with the general principle of equal treatment within EU law and with various fundamental freedoms of the internal market. Is it justified to restrict the freedom to provide services defined in Article 56 TFEU by the 'public interest' of consumer protection or is the national rule an example of a purely economic and political consideration resulting in a distortion of competition?

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6

Duffy, Martyn. "Econometric Studies of Advertising, Advertising Restrictions and Cigarette Demand: A Survey." International Journal of Advertising 15, no. 1 (January 1996): 1–23. http://dx.doi.org/10.1080/02650487.1996.11104630.

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7

Lauber, Kathrin, Daniel Hunt, Anna B. Gilmore, and Harry Rutter. "Corporate political activity in the context of unhealthy food advertising restrictions across Transport for London: A qualitative case study." PLOS Medicine 18, no. 9 (September 2, 2021): e1003695. http://dx.doi.org/10.1371/journal.pmed.1003695.

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Background Diets with high proportions of foods high in fat, sugar, and/or salt (HFSS) contribute to malnutrition and rising rates of childhood obesity, with effects throughout the life course. Given compelling evidence on the detrimental impact HFSS advertising has on children’s diets, the World Health Organization unequivocally supports the adoption of restrictions on HFSS marketing and advertising. In February 2019, the Greater London Authority introduced novel restrictions on HFSS advertising across Transport for London (TfL), one of the most valuable out-of-home advertising estates. In this study, we examined whether and how commercial actors attempted to influence the development of these advertising restrictions. Methods and findings Using requests under the Freedom of Information Act, we obtained industry responses to the London Food Strategy consultation, correspondence between officials and key industry actors, and information on meetings. We used an existing model of corporate political activity, the Policy Dystopia Model, to systematically analyse arguments and activities used to counter the policy. The majority of food and advertising industry consultation respondents opposed the proposed advertising restrictions, many promoting voluntary approaches instead. Industry actors who supported the policy were predominantly smaller businesses. To oppose the policy, industry respondents deployed a range of strategies. They exaggerated potential costs and underplayed potential benefits of the policy, for instance, warning of negative economic consequences and questioning the evidence underlying the proposal. Despite challenging the evidence for the policy, they offered little evidence in support of their own claims. Commercial actors had significant access to the policy process and officials through the consultation and numerous meetings, yet attempted to increase access, for example, in applying to join the London Child Obesity Taskforce and inviting its members to events. They also employed coalition management, engaging directly and through business associations to amplify their arguments. Some advertising industry actors also raised the potential of legal challenges. The key limitation of this study is that our data focused on industry–policymaker interactions; thus, our findings are unable to present a comprehensive picture of political activity. Conclusions In this study, we identified substantial opposition from food and advertising industry actors to the TfL advertising restrictions. We mapped arguments and activities used to oppose the policy, which might help other public authorities anticipate industry efforts to prevent similar restrictions in HFSS advertising. Given the potential consequences of commercial influence in these kinds of policy spaces, public bodies should consider how they engage with industry actors.

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8

Zinn, C. "Australian ministers threaten restrictions on junk food advertising." BMJ 327, no. 7410 (August 9, 2003): 380—d—0. http://dx.doi.org/10.1136/bmj.327.7410.380-d.

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9

Mullins, Peter R. "The effects of advertising restrictions on tobacco consumption." Addiction 87, no. 11 (November 1992): 1599–600. http://dx.doi.org/10.1111/j.1360-0443.1992.tb02668.x.

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10

Norton, Seth W. "Advertising Restrictions and the Size Distribution of Firms." International Journal of Advertising 5, no. 1 (January 1986): 59–72. http://dx.doi.org/10.1080/02650487.1986.11106953.

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11

Eagle, Lynne, and Anne de Bruin. "Advertising Restrictions: Protection of the Young and Vulnerable?" International Journal of Advertising and Marketing to Children 2, no. 4 (January 2001): 259–71. http://dx.doi.org/10.1108/eb027658.

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12

Glantz, Stanton A. "Understanding how unhealthy food companies influence advertising restrictions." PLOS Medicine 18, no. 9 (September 2, 2021): e1003742. http://dx.doi.org/10.1371/journal.pmed.1003742.

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13

Roth, M. Garrett. "Selling yourself: a preliminary analysis of political candidates as marketers and entrepreneurs." Journal of Entrepreneurship and Public Policy 7, no. 3 (September 3, 2018): 269–78. http://dx.doi.org/10.1108/jepp-d-18-00028.

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Purpose The purpose of this paper is to view political candidates as products in a market competing over quality via advertising. Consequently, the Austrian argument against restrictions on product advertising can be applied to political markets as well. The foremost conclusion is a disproportionately negative effect of campaign finance restrictions on lesser-known incumbents and third-party candidates. A counterargument is also presented that campaign finance restrictions may solve a prisoner’s dilemma. Design/methodology/approach The author provides an initial test of these hypotheses with data from US Senate races occurring before and after the passage of the McCain-Feingold Act of 2002. Findings Empirical results show a strong incumbency advantage, but no disproportionate harm to lesser-known candidates or third parties from the passage of the act. Originality/value The paper provides a new perspective on the role of the political candidate and purpose of campaign advertising. The first pass empirics suggest, however, that only a major revision in campaign advertising rules could significantly alter the predictors of challenger vote shares.

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Tatlow-Golden, Mimi, and Daniel Parker. "The Devil Is in the Detail: Challenging the UK Government’s 2019 Impact Assessment of the Extent of Online Marketing of Unhealthy Foods to Children." International Journal of Environmental Research and Public Health 17, no. 19 (October 2, 2020): 7231. http://dx.doi.org/10.3390/ijerph17197231.

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Background: How much unhealthy marketing do children see on digital devices? Marketing of unhealthy food and beverages has long been identified as a factor in children’s preferences, purchase requests and consumption. Rising global obesity mandates States to craft environments that protect children and young people’s health, as recommended by the World Health Organization, among others. However, assessing the impact of marketing restrictions is particularly challenging: the complexity of digital advertising markets means that measurement challenges are profound. In 2019, the UK Department of Health published an Impact Assessment that applied a novel method aiming to calculate costs and benefits of restricting unhealthy food and beverage advertising on digital devices (planned for implementation by 2022). It estimated UK digital unhealthy marketing to children at 0.73 billion advertising impressions annually, compared to television impacts of 3.6 billion. Aim and Method: We assessed this conclusion by reviewing the UK Department of Health/Kantar Consulting’s Online Baseline Methodology (the “Government Model”). We examined the model’s underlying premise and specified the seven analytic steps undertaken. For each step, we reviewed industry and academic evidence to test its assumptions and the validity of data applied. Results: We found that, in each step, the Government Model’s assumptions, and the data sources selected, result in underestimates of the scale of digital advertising of unhealthy foods—at least tenfold, if not substantially more. The model’s underlying premise is also problematic, as digital advertising spend data relate poorly to digital advertising exposure, leading to further underestimation of market scale. Conclusion: We conclude that the Government Model very substantially underestimates the impact of digital unhealthy food advertising restrictions on health. This analysis has relevance for global policy and for the impact of regulation on children’s health and well-being.

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15

Hite, Robert E., and Cynthia Fraser. "Meta-Analyses of Attitudes toward Advertising by Professionals." Journal of Marketing 52, no. 3 (July 1988): 95–103. http://dx.doi.org/10.1177/002224298805200309.

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Two meta-analyses of attitudes toward advertising by professionals are presented, which allow formulation of generalizations from 10 years’ research spanning the time since the relaxation of professional advertising restrictions first was discussed and subsequently implemented. Results suggest that differences in attitudes across professions may be attributable to the importance, heterogeneity, and assess-ability of quality levels; that exposure to professional advertising produces attitude changes in favor of increased advertising by professionals; and that consumers are more favorably disposed toward such advertising than are professionals.

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Sacks, Gary, and Evelyn Suk Yi Looi. "The Advertising Policies of Major Social Media Platforms Overlook the Imperative to Restrict the Exposure of Children and Adolescents to the Promotion of Unhealthy Foods and Beverages." International Journal of Environmental Research and Public Health 17, no. 11 (June 11, 2020): 4172. http://dx.doi.org/10.3390/ijerph17114172.

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There have been global calls to action to protect children (aged <18) from exposure to the marketing of unhealthy foods and beverages (‘unhealthy foods’). In this context, the rising popularity of social media, particularly amongst adolescents, represents an important focus area. This study aimed to examine the advertising policies of major global social media platforms related to the advertising of unhealthy foods, and to identify opportunities for social media platforms to take action. We conducted a desk-based review of the advertising policies of the 16 largest social media platforms globally. We examined their publicly available advertising policies related to food and obesity, as well as in relation to other areas impacting public health. The advertising policies for 12 of the selected social media platforms were located. None of these platforms adopted comprehensive restrictions on the advertising of unhealthy foods, with only two platforms having relevant (but very limited) policies in the area. In comparison, 11 of the 12 social media platforms had policies restricting the advertising of alcohol, tobacco, gambling, and/or weight loss. There is, therefore, an opportunity for major social media platforms to voluntarily restrict the exposure of children to the marketing of unhealthy foods, which can contribute to efforts to improve populations’ diets.

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Holmes, Louisa M., Lauren Kass Lempert, and Pamela M. Ling. "Flavored Tobacco Sales Restrictions Reduce Tobacco Product Availability and Retailer Advertising." International Journal of Environmental Research and Public Health 19, no. 6 (March 15, 2022): 3455. http://dx.doi.org/10.3390/ijerph19063455.

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Objective: This study examined differences in the availability and advertising of flavored tobacco products before and after flavored tobacco sales restrictions were enacted in Alameda and San Francisco Counties in California. Main outcome measures: Data were collected from a sample of tobacco retailers in Alameda and San Francisco Counties at two time points: 2015, before flavored tobacco policies were enacted, and in 2019–2020, after some cities had enacted policies. Retailers were separated by city into Category 1 (n = 442)—retailers in cities that enacted a flavored tobacco policy between the two data collection periods, and Category 2 (n = 89), those that had not. Means comparison tests were conducted to evaluate significant differences over time and by category. Results: There was significantly reduced availability of menthol cigarettes, flavored little cigars, smokeless tobacco, vape pens, and Blu brand menthol e-cigarettes between 2015 and 2020 in Category 1 retailers. Category 2 retailers had reduced availability only for Blu menthol e-cigarettes and demonstrated an increase in smokeless tobacco availability. Exterior store advertising for cigarettes, little cigars, cigars, and e-cigarettes also decreased significantly in Category 1 cities relative to Category 2 cities; 8.1% of Category 1 stores were advertising flavored tobacco products in 2019–2020 compared to 36.2% of Category 2 stores. There was also a 78% reduction in flavored ads between 2015–2019 in Category 1 cities compared to a 38% decrease in Category 2 cities. Tobacco advertising inside Category 2 stores increased. Finally, Category 2 cities had significantly greater availability of cigalikes, mod or tank vapes, flavored e-cigarettes, and e-liquids compared to Category 1 cities. Conclusions. Comprehensive flavored sales restriction policies reduce flavored tobacco availability and tobacco advertising, which may help prevent youth tobacco initiation and exposure.

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Sass, Tim R., and David S. Saurman. "Advertising Restrictions and Concentration: The Case of Malt Beverages." Review of Economics and Statistics 77, no. 1 (February 1995): 66. http://dx.doi.org/10.2307/2109993.

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19

Ahn, Hongmin, and Juan Mundel. "Luxury brand advertising in Argentina: Changes following import restrictions." Journal of Marketing Communications 24, no. 3 (September 15, 2015): 291–303. http://dx.doi.org/10.1080/13527266.2015.1079548.

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20

Kerkhof, Anna, and Johannes Münster. "Quantity restrictions on advertising, commercial media bias, and welfare." Journal of Public Economics 131 (November 2015): 124–41. http://dx.doi.org/10.1016/j.jpubeco.2015.09.004.

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21

Gallet, Craig A., and Antonio R. Andrés. "International evidence on the determinants of alcohol advertising restrictions." Applied Economics Letters 18, no. 14 (September 2011): 1359–62. http://dx.doi.org/10.1080/13504851.2010.537621.

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22

Ross, Craig S., Avalon de Bruijn, and David Jernigan. "Do time restrictions on alcohol advertising reduce youth exposure?" Journal of Public Affairs 13, no. 1 (October 30, 2012): 123–29. http://dx.doi.org/10.1002/pa.1452.

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23

Ikiua, Monleigh, and Vili Nosa. "Alcohol Advertising in Pacific Islands Countries and Territories: A Scoping Review." Pacific Health Dialog 21, no. 8 (December 30, 2021): 625–28. http://dx.doi.org/10.26635/phd.2021.146.

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Introduction: Alcohol has become embedded into the cultural, economic, and social fabric of Pacific Island Countries and Territories (PICT); however, it continues to be a neglected health issue for many PICT. This scoping literature review explores current alcohol advertising policies in each PICT. Methods: This review utilises the 'Preferred Reporting Items for Systematic Review and Meta-Analyses for Scoping reviews' to identify literature on alcohol advertising policies. Twenty-five sources, ranging from 1963 to 2020, form the final data synthesis. Findings: The results of this review reveal that not all PICT have alcohol advertising restrictions in place. Health warning labels as a means of deterring alcohol use are also inconsistent across PICT but aid in consumer decisions. A notable concern in alcohol advertising is the use of culture as a marketing ploy. Conclusion: This review provides essential information on alcohol advertising in PICT. Nine PICT enforce some form of alcohol advertising prohibition, and ten do not. In countries with alcohol advertising, drinking behaviours vary, demonstrating a need for further research on the implementation efforts of current policies. In countries with no alcohol advertising, alcohol use is normalised and portrayed as unproblematic. The use of health warning labels is also not consistent amongst PICT. The use of culture as a marketing ploy is unacceptable as it belittles culture and is disrespectful to leaders. Understanding the alcohol advertising restrictions that work in each PICT can help decrease alcohol consumption and the harms associated with its misuse across all PICT. Keywords: Alcohol, Advertising, Pacific.

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Holden, Alexander C. L. "Testimonials within health advertising in Australia: an analysis of current policy." Australian Health Review 43, no. 6 (2019): 712. http://dx.doi.org/10.1071/ah18103.

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The advertising of regulated health services to consumers is strictly regulated in Australia. The advertising prohibitions within the National Law that ban the use of testimonials relating to services provided by health practitioners have caused controversy, garnering mixed reactions from the health professions, health consumers and other stakeholders. Advertising that misleads health consumers may promote unnecessary and inappropriate engagement in health services and may therefore negatively affect consumers’ ability to exercise autonomous decisions relating to their care. This article considers policy implications relating to advertising with a focus on the use of testimonials, particularly those that are online. Although there would seem to be appetite for amending the current legislative framework, there is uncertainty as to the form change may take and the effect this could have. What is known about the topic? Testimonials relating to health care are a prohibited form of advertising, but a form still used by non-regulated health providers and those who are regulated but who are either ignorant of the law or defiant of its requirements. Views are split as to whether the restriction on consumer reviews of regulated health services is reasonable; frequently, arguments are put forward stating that the status quo inhibits consumers’ ability to discuss their care. Other jurisdictions outside Australia permit the use of patient reviews and testimonials. What does this paper add? This paper discusses the greater policy implications of the current restrictions within the National Law and analyses the arguments placed forward by different stakeholders from the health professions and those that consume health services. The ethical and market arguments surrounding advertising and testimonials are examined. Suggestions are then made as to the deficits in knowledge that presently exist relating to this area and the actions required before future policy may be developed. What are the implications for practitioners? Practitioners should be aware of the current restrictions upon advertising within regulated health services. This paper develops an understanding of the complex arguments surrounding advertising and testimonials in health care, as well as when testimonials may be permitted and not subject to the current regulations. Before any amendment to the current legislation is actioned, regulators should consider instead the need to develop an evidence-based approach to understanding the effects of health advertising on the decision making of healthcare consumers.

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Colangelo, Giuseppe. "Competing Through Keyword Advertising." Journal of Competition Law & Economics 16, no. 3 (May 11, 2020): 306–48. http://dx.doi.org/10.1093/joclec/nhaa011.

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ABSTRACT The impressive growth of online shopping has had a significant impact on firms’ strategies and customer behavior, bringing to the fore new forms of trademark exploitation that may affect competition. A prominent role is played by keyword advertising services provided by internet search engines. Keyword advertising systems have been the subject of several litigations with regard to the legality of the use of keywords which correspond to trademarks, since trademark holders complain that the essential functions of trademarks might be detrimentally affected. However, given the importance of search engines for attracting customers to the websites of retailers and competitors, online advertising restrictions also raise anticompetitive concerns on both sides of the Atlantic. Indeed, the E-commerce Sector Inquiry carried out by the European Commission reported that some retailers are limited in their ability to use or bid on the trademarks of certain manufacturers to get a preferential listing on search engines’ paid referencing service or are only allowed to bid on certain positions. Furthermore, the UK Competition and Markets Authority encountered brand-bidding restrictions in the markets for broadband, credit cards, energy, flights, and home insurance, while the Netherlands Authority for Consumers & Markets analyzed the hotel sector. Moreover, in the US, the Federal Trade Commission has ruled that the largest online retailer of contact lenses unlawfully entered into a web of anticompetitive agreements with rivals, preventing them from bidding for search engine result advertisements that would inform consumers that identical products were available at lower prices. The aim of this paper is to shed light on the economic rationales and legal implications of keyword advertising to strike a proper balance between trademark protection and freedom of competition.

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Rudge, Chris, Narcyz Ghinea, Megan Munsie, and Cameron Stewart. "Regulating autologous stem cell interventions in Australia: updated review of the direct-to-consumer advertising restrictions." Australian Health Review 45, no. 4 (2021): 507. http://dx.doi.org/10.1071/ah20217.

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ObjectiveThis paper provides an update and overview of the law governing direct-to-consumer (DTC) advertising of autologous stem cell interventions (ASCIs) in Australia. It follows significant changes to the advertising regulations made in 2018. MethodsThe paper reviews the three primary sources or ‘centres’ of law regulating ASCIs in Australia, together with the relevant guidance documents that supplement these sources. It provides analysis of how the post-2018 advertising regulations, contained in the Therapeutic Goods Act 1989 (Cwlth), apply to all ‘biologicals’, including ASCIs. It demonstrates how these three sources of law interact with one another and outlines the new tiered offence regime that applies to contraventions of these prohibitions. ResultsThe analysis demonstrates that DTC advertising of ASCIs in Australia is strictly controlled, with primary legislation prohibiting the advertising of biologicals altogether. ConclusionsThe polycentric legal regime regulating biologicals in Australia clearly makes DTC advertising of ASCIs unlawful. Health practitioners who promote ASCIs, either online, in print or in other media forms, may be penalised in different ways and by different authorities. What is known about the topic?Although several analyses have examined the regulation of ASCIs in Australia, no analysis has studied the reforms made in 2018 relating to the advertising of biologicals. As such, this analysis contributes a fresh examination of these relatively recent reforms. What does this paper add?This analysis clarifies the effects of these new advertising regulations, providing clear guidance on the relevant legal provisions for the benefit of health practitioners and health professionals more generally. What are the implications for practitioners?Health practitioners, especially those who offer ASCIs, should be aware that civil and criminal penalties are likely to be imposed on individuals who promote biologicals in Australia by any means.

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Wang, Yanwen, Michael Lewis, and Vishal Singh. "Investigating the Effects of Excise Taxes, Public Usage Restrictions, and Antismoking Ads Across Cigarette Brands." Journal of Marketing 85, no. 3 (April 14, 2021): 150–67. http://dx.doi.org/10.1177/0022242921994566.

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The prevalence of strong brands such as Coca-Cola, McDonald’s, Budweiser, and Marlboro in “vice” categories has important implications for regulators and consumers. While researchers in multiple disciplines have studied the effectiveness of antitobacco countermarketing strategies, little attention has been given to how brand strength may moderate the efficacy of tactics such as excise taxes, usage restrictions, and educational advertising campaigns. In this research, the authors use a multiple discrete-continuous model to study the impact of antismoking techniques on smokers’ choices of brands and quantities. The results suggest that although cigarette excise taxes decrease smoking rates, these taxes also result in a shift in market share toward stronger brands. Market leaders may be less affected by tax policies because their market power allows strong brands such as Marlboro to absorb rather than pass through increased taxes. In contrast, smoke-free restrictions cause a shift away from stronger brands. In terms of antismoking advertising, the authors find minimal effects on brand choice and consumption. The findings highlight the importance of considering brand asymmetries when designing a policy portfolio on cigarette tax hikes, smoke-free restrictions, and antismoking advertising campaigns.

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Cowburn, Gill, and Anna Boxer. "Magazines for children and young people and the links to Internet food marketing: a review of the extent and type of food advertising." Public Health Nutrition 10, no. 10 (October 2007): 1024–31. http://dx.doi.org/10.1017/s1368980007666658.

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AbstractObjectiveTo examine the nature of the link between food advertising in UK magazines aimed at children and young people and Internet food marketing, to establish whether consideration should be given to tightening existing controls.DesignA review and descriptive analysis of food advertising found in a sample of the top five magazine titles aimed at a range of ages of children and young people between November 2004 and August 2005 and of the Internet food marketing sites to which readers were directed.ResultsFood advertising appeared as ‘cover-mount’ free gifts and as part of the main bound issue. Children aged 6–10 years were the most frequent recipients of food-based free gifts, all of which were confectionery. No food advertising was found in magazines aimed at pre-school children and it formed a small percentage of total advertising in the magazines aimed at children of school age and above. Most food advertisements were for ‘less healthy’ foods, although advertisements for ‘healthier’ food products did appear infrequently. Almost half of food advertisements directed readers towards Internet food marketing sites. We found evidence that these sites are using at least some of the ‘marketing tricks’ which have been identified as a cause for concern.ConclusionsProposed restrictions on broadcast media may lead to more food advertising via other non-broadcast means. We suggest monitoring the effect of such changes in print and online advertising and that consideration be given to restricting marketing techniques used on websites aimed at children and young people.

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Hackbarth, Diana P., and Daniel Schnopp-Wyatt. "Tobacco Advertising Restrictions as Primary Prevention for Childhood Nicotine Addiction." Journal of Addictions Nursing 9, no. 3 (1997): 112–17. http://dx.doi.org/10.3109/10884609709022249.

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30

Shao, Alan T. "Restrictions on Advertising Items That May Not Be Considered "Decent":." Journal of Euromarketing 2, no. 3 (April 6, 1993): 23–43. http://dx.doi.org/10.1300/j037v02n03_03.

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31

Laugesen, Murray, and Chris Meads. "The effects of advertising restrictions on tobacco consumption. A reply." Addiction 87, no. 11 (November 1992): 1600–1601. http://dx.doi.org/10.1111/j.1360-0443.1992.tb02669.x.

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32

Clark, C. Robert. "Advertising Restrictions and Competition in the Children’s Breakfast Cereal Industry." Journal of Law and Economics 50, no. 4 (November 2007): 757–80. http://dx.doi.org/10.1086/519820.

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Whalen, Rosa, Joanne Harrold, Simon Child, Jason Halford, and Emma Boyland. "Children’s exposure to food advertising: the impact of statutory restrictions." Health Promotion International 34, no. 2 (October 30, 2017): 227–35. http://dx.doi.org/10.1093/heapro/dax044.

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Kunkel, Dale. "Inching Forward on Tobacco Advertising Restrictions to Prevent Youth Smoking." Archives of Pediatrics & Adolescent Medicine 161, no. 5 (May 1, 2007): 515. http://dx.doi.org/10.1001/archpedi.161.5.515.

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Shao, Alan T., and John S. Hill. "Global Television Advertising Restrictions: The Case of Socially Sensitive Products." International Journal of Advertising 13, no. 4 (January 1994): 347–66. http://dx.doi.org/10.1080/02650487.1994.11104589.

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36

Hoek, Janet. "Effects of tobacco advertising restrictions: weak responses to strong measures?" International Journal of Advertising 18, no. 1 (January 1999): 23–39. http://dx.doi.org/10.1080/02650487.1999.11104742.

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Phillips, Ryan J. "Trailer Park Boys and the Promotional Cultures of Cannabis in Canada: Audiences, Influencers, and Imminent Commodities." Journal of Canadian Studies 55, no. 2 (July 1, 2021): 419–35. http://dx.doi.org/10.3138/jcs-2020-0019.

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While Canada, like most other nation states, has adopted various aspects of neoliberalism, the recent Cannabis Act presents ideological tensions and practical concerns given its advertising and promotional restrictions. Given the rise of neoliberalism within the dominant social, economic, and cultural system of consumer capitalism, it seems contradictory for the Canadian state to develop legislation that creates (or at least, legalizes) a new market wherein advertising and promotions (i.e., the driving forces of consumer capitalism) are effectively made absent. This article identifies and interrogates the existing tensions and contradictions between the Cannabis Act and the promotional cultures of consumer capitalism, as well as the ways in which the Trailer Park Boys (TPB) “brand” and performers (as promotional intermediaries) have attempted to circumvent the existing promotional restrictions. Beginning with a review of the existing literature regarding relevant theoretical perspectives and key concepts, the article provides a brief overview of the Cannabis Act, its promotional restrictions, and the exemptions and legal loopholes thereof. Finally, in presenting and engaging with a case study, this article concludes that the TPB brand has, effectively, circumvented the Cannabis Act’s existing restrictions and subsequently become a multi-platform promotional intermediary.

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Boshoff, C. "Advertising of legal services: Perceptions of attorneys." South African Journal of Business Management 21, no. 1/2 (March 31, 1990): 10–16. http://dx.doi.org/10.4102/sajbm.v21i1.910.

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Professional practitioners are increasingly questioning the status quo with regard to restrictions on the advertising of professional services. It occurs against the background of developments such as deregulation and increased competition from non-professionals. Professional associations are largely uncertain how to address the issue. This study is an attempt to contribute towards the debate concerning advertising in the legal profession. It reports on a survey among 1 000 practising attorneys. The study found that attorneys are generally in favour of advertising their services, but believe that it should be conducted within the confines of certain specified guidelines.

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Farley, Shannon M., Julia Sisti, John Jasek, and Kevin R. J. Schroth. "Flavored Tobacco Sales Prohibition (2009) and Noncigarette Tobacco Products in Retail Stores (2017), New York City." American Journal of Public Health 110, no. 5 (May 2020): 725–30. http://dx.doi.org/10.2105/ajph.2019.305561.

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Objectives. To assess explicit- (products clearly labeled flavored) and emergent concept- (products implying flavoring but not clearly labeled) flavored tobacco product availability following New York City’s flavor restriction. Methods. We examined explicit- and concept-flavored tobacco product availability, with 2017 New York City Retailer Advertising of Tobacco Survey data (n = 1557 retailers). We assessed associations between block group–level demographic characteristics and product availability by using logistic regression. Results. Most retailers sold explicit-flavored (70.9%) or concept-flavored (69.3%) products. The proportion of non-Hispanic Black neighborhood residents predicted explicit- and concept-flavored product availability, as did having a high school within a retailer’s block group for concept-flavored products. Conclusions. Explicit- and concept-flavored other tobacco products persisted throughout New York City, despite 2009 legislation restricting sales. Public Health Implications. Making local sales restrictions or federal production bans inclusive of all explicit and concept flavors would reduce retailer and industry evasion opportunities and protect the health of youths and others.

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Thomas, Amos Owen. "Transborder Television: The Response of Advertisers in Asia." Media International Australia 86, no. 1 (February 1998): 38–53. http://dx.doi.org/10.1177/1329878x9808600106.

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With the advent of the transnational medium of satellite television in Asia, the long-debated issue of globalising advertising is being revisited in the region. The pioneer broadcaster StarTV sought to convince international marketers and their advertising agencies of its uniqueness as a Pan-Asian medium. However, in its early years, there was little response from either Asian consumers or advertisers. This paper explores the views of advertising agencies, domestic broadcasters, market researchers and media regulators about transnational satellite television in the two key markets of Indonesia and India, as well as Hong Kong, the regional hub for advertising and broadcasting. It finds that interest in regional advertising varied from country to country, depending on such factors as language barriers, alternative domestic media, non-standardisation of products and government restrictions.

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Hörnle, Julia, and Malgorzata A. Carran. "A sieve that does hold a little water – gambling advertising and protection of the vulnerable in the UK." Legal Studies 38, no. 4 (July 23, 2018): 529–48. http://dx.doi.org/10.1017/lst.2018.5.

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AbstractThe internet, social media and online profiling have fundamentally changed advertising, and the regulation of gambling advertising has not yet managed to address the challenges and opportunities arising from this technological shift. Furthermore, the regulation of gambling does not take into account sufficiently the needs of children and vulnerable persons. We review the empirical research on the impact of gambling advertising and show how regulatory standards firmly adhere to the transmission theory of communication that prioritises the communicative intent of the advertiser over how the advertising message is received by or impacts on vulnerable people. This article reviews the law on gambling advertising and argues that for gambling, the restrictions imposed by the largely co-regulatory system only have limited effect. We compare the regulation of gambling advertising, by way of analogy, to a sieve that holds only a little water, and make recommendations for legal reform.

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Demchenko, Ivan, and Anzhela Berzina. "Medicines Advertising: Legal Practice." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 233–38. http://dx.doi.org/10.36695/2219-5521.2.2020.41.

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The article explores legal practice in the field of advertising medicines. Medicines advertising is recognized as one of the mosteffective mechanisms of medicines promotion. Factors affecting the spread of medicines advertising: the public’s attitude to advertisingas a reliable source of information about medicines, distrust of doctors and the healthcare system, and, as a consequence, the prevalenceof self-medication practices. In order to protect the interests of consumers and protect economic competition (often second prevailing),the state ensures compliance with the requirements of the legislation in the field of medicines advertising. What is important is hownational courts hear cases regarding medicines advertising.Advertising is information about a person or product, disseminated in any form and by any means and intended to generate ormaintain awareness of the consumer of the advertising and their interest in such person or product. Advertising of medicinal products,like any other advertising, must comply with: the general principles of advertising; general advertising requirements (apply to all products,regardless of their type); special advertising requirements. Specific requirements for medicines advertising are: (a) specificrequirements for the permitted and prohibited medicines advertising; (b) requirements for the content of advertising of medicines (consistingof the requirements that medicines advertising should and should not contain); (c) particularities for advertising for certain ca -tegories of persons.The mandatory content requirements for medicines advertising are almost 100% specific and evaluable, while prohibitions andrestrictions often make it impossible to assess whether this effect is present in the advertising message or how it may affect a particularconsumer. Accordingly, depending on which requirements for advertising have been violated, the public authority can assess whetherthe prohibitions and restrictions have actually been violated and consider bringing those responsible for violating advertising legislationto liability. Further, if the advertisers, producers or distributors of the advertisement do not agree with the decision of the relevant publicauthorities, they can appeal to court. Most often, the plaintiff will be the advertiser, who are the field of advertising of medicines arepharmaceutical companies, drugstores. The respondent – the relevant authority. This is how the jurisprudence in the field of medicinesadvertising is formed.Almost every case about medicines advertising is about false advertising in a form of «spreading misleading information». Caseshave been considered as to the actual dissemination of misleading information and the violation of certain special requirements for themedicines advertising. In particular, cases concerning: medicines «popularization»; «exaggeration» of medicines effect; giving theproducts features of medicines; on the use of physicians’ images in medicines advertising; medicine prices.Not all cases of «spreading misleading information» about medicines go to court. The legal practice in the field of medicinesadvertising is characterized by a certain ambiguity and depends largely on the evidence presented by the parties’ representatives. Thedecisions of the courts are based on the consideration of the circumstances of each case.

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Ruão, Teresa, and Margarida Kunsch. "Organisational and Strategic Communication: Editorial Introduction." Comunicação e Sociedade 26 (December 28, 2014): 14–20. http://dx.doi.org/10.17231/comsoc.26(2014).2022.

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The study of communication in organisations – in a broad sense, and without source scientific field restrictions (which included traditional research into Organisational Communication, Public Relations, Institutional Communication, Internal Communication, Advertising, Promotion or Corporate Communication, among others)...

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Marotta, Veronica, Yue Wu, Kaifu Zhang, and Alessandro Acquisti. "The Welfare Impact of Targeted Advertising Technologies." Information Systems Research 33, no. 1 (March 2022): 131–51. http://dx.doi.org/10.1287/isre.2021.1024.

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We analyze the welfare implications of consumer data sharing, and restrictions to that sharing, in the context of online targeted advertising. Targeting technologies offer firms the ability to reach desired audiences through intermediary platforms. The platforms run auctions in real time to display ads on internet sites, leveraging consumers’ personal information collected online to personalize the ads. The online advertising industry posits that targeted advertising benefits advertising firms (that is, merchants who want to target ads to the desired consumers), consumers who see ads for preferred products, and the intermediary platforms that match consumers with firms. However, the claims that targeted advertising benefits all players involved have not been fully vetted in the literature. We develop an analytical model to analyze the economic and welfare implications of targeting technologies for those three players under alternative consumer information regimes. The regimes differ in the type and amount of consumer data available to the intermediary and to the advertising firms, and reflect the presence or absence of technological or regulatory restrictions to personal information flows. We find evidence of incentive misalignment among the players, as the intermediary prefers to share only a subset of consumer information with firms, whereas advertising firms prefer having complete information about the consumers. As such, a strategic intermediary with the ability to control which information is shared during the auction can have an incentive to use only the information that maximizes its payoff, overlooking the interests of both advertising firms and consumers. The information regimes that maximize consumer welfare vastly differ depending on consumers’ heterogeneity along two dimensions: a horizontal dimension, capturing consumer’s heterogeneity in product preferences; and a vertical dimension, capturing consumers’ heterogeneity in purchase power. Consumers prefer none of their personal information to be used for targeting only in limited circumstances. Otherwise, consumers are either indifferent or prefer only specific types of information to be used for targeting.

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Romeiro, Alexandre Anderson, and Thomaz Wood Jr. "Bounded creativity: understanding the restrictions on creative work in advertising agencies." BAR - Brazilian Administration Review 12, no. 1 (March 2015): 1–21. http://dx.doi.org/10.1590/1807-7692bar2015140007.

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Minter, Daniel J., Raul Mejia, Ignacio Salas, James Thrasher, and Eliseo J. Pérez-Stable. "Tobacco point-of-sale advertising in downtown Buenos Aires, Argentina and compliance with the new tobacco advertising restrictions." Tobacco Control 26, no. 2 (March 30, 2016): 239–40. http://dx.doi.org/10.1136/tobaccocontrol-2015-052870.

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Peráček, T., B. Mucha, P. Brestovanská, and Ľ. Strážovská. "Legal regulation of drug advertising and its restrictions in the conditions of the Slovak Republic." European Pharmaceutical Journal 66, no. 1 (June 1, 2019): 4–10. http://dx.doi.org/10.2478/afpuc-2019-0001.

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Abstract The question of drug availability is a key requirement for each country. Their deficiency can cause fatal consequences for the health of the population. For this reason, the production and distribution of medicines represents the economic potential of the state, which is also protected and regulated in the Slovak Republic. Drug distribution is also part of every market economy as it is the primary form of business-to-customer (B2C) offering. At first glance, the promotion of drugs might seem to be just marketing. But this area is under the scrutiny of the Slovak legislations. From the point of view of the systemic nature of law, advertising of medicinal products is regulated both in public law and private law. This is particularly the area of administrative law, commercial law and civil or criminal law, which must respect the often complicated penetration of European law into national law. The issue of ad management and the associated availability of medicines, in our terms, is at the centre of public interest. The main aim of the authors in this paper is to examine not only the European but especially the national legal regulation of the advertising of medicines in the context of the decision-making activity of the Slovak authorities supervising compliance with the legal restrictions on the promotion of pharmaceutical products. Another goal is to identify the problems in application practice and to propose ways to eliminate identified shortcomings by specific procedures. The authors, through scientific and doctrinal interpretation, examine selected statutes of the Law on Advertising and related legislation pertaining to the issue of drug advertising. Through expert literature, jurisprudence and the decision-making processes of the administrative authorities, they seek answers to practical application problems. At the end of the contribution, they critically analyse the identified shortcomings and propose appropriate measures to eliminate them.

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Craig, Lorraine V., Itsuro Yoshimi, Geoffrey T. Fong, Gang Meng, Mi Yan, Yumiko Mochizuki, Takahiro Tabuchi, et al. "Awareness of Marketing of Heated Tobacco Products and Cigarettes and Support for Tobacco Marketing Restrictions in Japan: Findings from the 2018 International Tobacco Control (ITC) Japan Survey." International Journal of Environmental Research and Public Health 17, no. 22 (November 13, 2020): 8418. http://dx.doi.org/10.3390/ijerph17228418.

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Japan is one of the world’s largest cigarette markets and the top heated tobacco product (HTP) market. No forms of tobacco advertising, promotion, and sponsorship (TAPS) are banned under national law, although the industry has some voluntary TAPS restrictions. This study examines Japanese tobacco users’ self-reported exposure to cigarette and HTP marketing through eight channels, as well as their support for TAPS bans. Data are from the 2018 ITC Japan Survey, a cohort survey of adult exclusive cigarette smokers (n = 3288), exclusive HTP users (n = 164), HTP-cigarette dual users (n = 549), and non-users (n = 614). Measures of overall average exposure to the eight channels of cigarette and HTP advertising were constructed to examine differences in exposure across user groups and products. Dual users reported the highest exposure to cigarette and HTP advertising. Tobacco users (those who used cigarettes, HTPs, or both) reported higher average exposure to HTP compared to cigarette advertising, however non-users reported higher average exposure to cigarette compared to HTP advertising. Retail stores where tobacco or HTPs are sold were the most prevalent channel for HTP and cigarette advertising, reported by 30–43% of non-users to 66–71% of dual users. Non-users reported similar exposure to cigarette advertising via television and newspapers/magazines as cigarette smokers and dual users; however, advertising via websites/social media was lower among non-users and HTP users than among cigarette smokers and dual users (p < 0.05). Most respondents supported a ban on cigarette (54%) and HTP (60%) product displays in stores, and cigarette advertising in stores (58%).

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Vaksman, R. V. "Some issues of legal regulation of political advertising." Theory and practice of jurisprudence 2, no. 20 (December 14, 2021): 9. http://dx.doi.org/10.21564/2225-6555.2021.2.239908.

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For the first time in Ukraine, the definition of «political advertising» is reflected in the Law of Ukraine «On Elections of People’s Deputies», so far only on the basis of the definition of «advertising» in the Law of Ukraine «On Advertising» it was possible to qualify political advertising as any information about political actors, political parties, designed to raise awareness of their activities. The mechanism of legal regulation of political advertising involves the development and adoption of national laws and regulations governing public relations arising in the process of production, placement, distribution of political advertising, because in this case may affect the interests of society and the state as a whole. Today the issue of political advertising is regulated by several legal acts, in particular in Article 1 of the Law of Ukraine «On Advertising» provides only the definition of such advertising without details, the Law of Ukraine «On Local Elections», the Law of Ukraine «On Elections of Deputies of Ukraine», the Electoral Code Ukraine’s norms stipulate the peculiarities of campaigning in the form of political advertising, some restrictions on campaigning, etc. Therefore, the legislation should be characterized by the dispersion of norms on such advertising and inconsistency in the definition of «campaigning» and «political advertising. Therefore, it is suggested to get acquainted in detail with such a phenomenon as political advertising. The article focuses on the existence in the literature of different approaches to the definition of «political advertising» of its essence, considers the distinction between «political advertising» and «election campaigning», as well as analyzes current legislation and the current state of the legal regulation of this type of advertising

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Razavi, Ahmed, J. Adams, and Martin White. "What arguments and from whom are most influential in shaping public health policy: thematic content analysis of responses to a public consultation on the regulation of television food advertising to children in the UK." BMJ Open 9, no. 8 (July 2019): e028221. http://dx.doi.org/10.1136/bmjopen-2018-028221.

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ObjectivesWe explore one aspect of the decision making process—public consultation on policy proposals by a national regulatory body—aiming to understand how public health policy development is influenced by different stakeholders.DesignWe used thematic content analysis to explore responses to a national consultation on the regulation of television advertising of foods high in fat, salt and sugar aimed at children.SettingUK.Results139 responses from key stakeholder groups were analysed to determine how they influenced the regulator’s initial proposals for advertising restrictions. The regulator’s priorities were questioned throughout the consultation process by public health stakeholders. The eventual restrictions implemented were less strict in many ways than those originally proposed. These changes appeared to be influenced most by commercial, rather than public health, stakeholders.ConclusionsPublic health policy making appears to be considered as a balance between commercial and public health interests. Tactics such as the questioning and reframing of scientific evidence may be used. In this example, exploring the development of policy regulating television food advertising to children, commercial considerations appear to have led to a watering down of initial regulatory proposals, with proposed packages not including the measures public health advocates considered to be the most effective. This seems likely to have compromised the ultimate public health effectiveness of the regulations eventually implemented.

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