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Southeast Transaction Guide
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

9-164 Southeast Transaction Guide 164.syn


Advertising Contracts


General Editors: ;Thomas Ritchie (Alabama);Byron Sparber (Florida);and Carl Cofer (Georgia)

Chapter Summary


This chapter is concerned with the procurement of advertising for commercial purposes with regard to Florida, Georgia, and Alabama law. Either the retention of an advertising agency or the use of direct agreements with the media involve legal relationships that require sound counseling based on knowledge of the practices common to the industry and of applicable governmental regulation. These matters are discussed in this chapter as are typical advertising service contracts which are illustrated herein. The chapter begins with a Research Guide, which cites both primary and secondary sources, including federal and state statutes, federal and tax statutes and regulations, federal regulations, annotations, law reviews, and text references.

The chapter begins with a discussion on the attorney's role in advertising contracts. It then delves into federal regulation of advertising. It covers the federal power in general then goes into forms of deceptive advertising. Topics discussed include false advertising of foods, drugs, devices, services and cosmetics; deceptive advertising practices; and bait advertising. Also in the section of federal power, the chapter details some of the various regulations regarding advertising contracts. Specifically, it covers guidelines for advertising warranties and guarantees, industry guides and trade practice rules, and truth in lending advertising.

The chapter next details control of advertising under the state laws of Florida, Georgia, and Alabama. One specific type of advertising covered is promotional advertising as a lottery. The chapter then outlines self-regulation in the advertising industry. Next, the chapter covers the income tax aspects of advertising expenses.

The final sections of the chapter deal with the legal relationships that are formed by advertising contracts. Specifically, the chapter discusses the relationship between advertiser and advertising agencies, between the media and advertisers, and between agencies and the media.

Southeast Transaction Guide is a step-by-step guide that covers a wide variety of transactions for Alabama, Florida, and Georgia. This 20-volume set is broken down into five parts: business entities, estate planning, commercial transactions, real estate transactions, and personal transactions. Each chapter offers a legal background on each transaction covered, emphasizing tax considerations and problem areas, planning guides with checklists, procedural and drafting guides for transaction processing, and necessary forms with commentary, plus citations to leading cases.


Advertising contracts,advertising contracts in Florida,advertising contracts in Georgia,advertising contracts in Alabama,advertising regulations,deceptive advertising,false advertising,bait advertising,advertising warranties,advertising guarantees,truth in lending advertising


For a discussion of contracts in general, see Chapter 160.

Peripheral matters such as trademarks and copyrights are treated at Chapters 185 and 186.

Advertising may be the medium of action constituting unfair competition; competitor's remedies for such action are dealt with at Chapter 220.

Remedies of consumers for false or misleading advertising and warranties are treated at Chapter 223.


See Commercial Law and Practice Guide (Matthew Bender) for a unique combination of in-depth substantive analysis and practical guidance for handling commercial transactions, including sales transactions, leasing transactions, negotiable instrument transactions, letters of credit and secured transactions.

See Commercial Damages: A Guide to Remedies in Business (Matthew Bender) for expert analysis of specific remedies; examination of litigation costs, economic factors and other relevant practical considerations for both plaintiffs' and defendants' attorneys; and coverage of specific situations in which the business entity has been damaged, including remedies for breach of contracts for the sale or lease of goods.

See Corbin on Contracts (Matthew Bender) for exhaustive and authoritative analysis of all the rules of contract law, including all exceptions and variations.
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