Legal support of product promotion and advertising campaigns

Legal support of product promotion and advertising campaigns

The legislation of Russia on advertising establishes such general requirements for advertising as conscientiousness and authenticity, as well as criteria for classifying advertising as unfair and unreliable.

In addition, the legislator establishes many features of the advertising campaigns. In particular, a number of features have advertising of medicines and medical devices, dietary supplements, financial services, securities, rent contracts, alcoholic beverages, advertising activities in the field of mediation.

For example, drug advertising should not: appeal to minors; contain references to specific cases of recovery from diseases and expressing gratitude by individuals in connection with the use of the object of advertising; create an idea of advantages of an object of advertising by referring to the fact that research is required for state registration of an object of advertising; contain allegations or assumptions about whether consumers have advertising for certain diseases; help create a healthy person's impression of the need to use an object of advertising or the impression that the use of a doctor is unnecessary; guarantee the positive effect of the advertised object; represent an object of advertising as a dietary supplement; contain statements that the safety and (or) effectiveness of the advertised object are guaranteed by its natural origin.

Thus, during each advertising campaign, it is important to take into account all the requirements of the legislation on advertising. This is justified by the fact that the Code of Administrative Offenses of the Russian Federation establishes the following rather serious responsibility for violations of legislation on advertising. In the absence of qualified legal expertise in conducting advertising campaigns, the risks of bringing the advertiser to justice significantly increase.

It is important to coordinate all the specified features of advertising campaigns and product promotion with the seller of goods (work, services) if advertising is done through an intermediary company. This is justified by the fact that it is extremely important to maintain a balance between compliance with the requirements of Russian legislation on advertising and preservation of the marketing appeal of advertising materials.

In this regard, the coordination of promotional materials and methods of their submission contributes to the possible prevention of claims from the side of the customer of the advertising campaign.

Legal services

The following services for the legal support of product promotion and advertising campaigns are rendered by the specialists of BRACE Law Firm:

  1. legal analysis of promotional materials;
  2. preparation of contracts for an advertising campaign/promotion of goods/preparation of promotional materials according to Russian law;
  3. legal assistance in resolving disputes between participants in legal relations related to the promotion of goods (works, services);
  4. representation of interests in the Federal Antimonopoly Service and its territorial departments in bringing to justice for violations of advertising legislation;
  5. protection of interests in court in challenging decisions taken by the Federal Antimonopoly Service and its territorial departments, as well as in resolving disputes arising between participants in legal relations related to advertising goods (works, services) that are not settled through negotiations.

Related services

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Preliminary analysis and
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Conclusion of legal services agreement
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We provide the result and prepared documents

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