law & ethics
Comm 4313


Commercial speech terminology

Cease and desist order: An order by a government agency forbidding a commercial entity from continuing running a campaign. 

CAN-SPAM: Controlling the Assault of Non-Solicited Pornography and Marketing. An anti-spamming law passed by Congress in 2004. 

Compelling interest: Occurs when the government is attempting to restrict commercial speech. The government must establish that the method used, though restrictive, enhances an important objective, for example, public health or national security.

Deception: Deliberate misrepresentation, falsification or omission of facts in a commercial message that might mislead consumers. 

Endorsement: Use of a recognizable spokesman to promote a product/service. The FCC requires that such endorsers, usually celebrities, use the products/services during the duration of the advertisement.

Federal preemption: A general rule that federal laws precede and take precedence over similar state laws. 

Materiality: An identifiable representation of a product or service that is easily discernible by a consumer.

Puffery: Exaggerated, easily discernible but usually unverifiable facts about a product or service. 

Spamming: Mass mailing of unsolicited e-mails or text messages. 

Substantiation: Reasonable evidence and proof of claims made in commercial messages about products and services.