Self-regulation in optometry

This study provides an empirical analysis of the effects of advertising and commercial practice on the price and quality of optometrists' services. Data were collected by actually purchasing eye examinations and eyeglasses from optometrists in cities with and without restrictions on advertising and commercial practice. Analysis of the data supports the view that advertising and commercial practice lower prices but do not lower the quality of professional care available in the market. The implications of these findings are discussed.     

Protecting Tobacco Advertising Under the Commercial Speech Doctrine: The Constitutional Impact of Lorillard Tobacco Co.

Since 1980, the Supreme Court has used a complex form of intermediate constitutional scrutiny-the Central Hudson analysis-when government regulations of commercial speech are challenged on First Amendment grounds. In Lorillard Tobacco Co. v. Reilly, the Court used this analysis for the first time to test the constitutionality of government restrictions on tobacco advertising. This article reviews the Court's commercial speech doctrine including previous treatment of governmental attempts to restrict harmful product advertising. The article then provides an overview of the national regulatory framework for tobacco advertising and analyzes the Supreme Court's 2001 opinion in Lorillard Tobacco. The article then explores the impact of the case on the Court's commercial speech doctrine and in subsequent lower court opinions.     

论我国户外广告行政立法的缺陷及其完善

户外广告的有序发展离不开户外广告的有效管理，户外广告的有效管理必须依据健全的户外广告制度。目前我国的户外广告制度已无法适应户外广告的发展要求，存在诸多的缺陷。结合我国户外广告制度的不足，借鉴国外相关制度建设的经验，提出我国户外广告制度的立法完善途径：重视并有效规范地方立法、明晰户外广告的位置所有权、合理规划户外广告的设置、规范政府行为、加强户外广告的监督管理、建立相应的法律救济机制等。     

Industry-sponsored medical education--in the quest for professional integrity and legal certainty

Industry-sponsored medical education is a much disputed issue. So far, there has been no regulatory framework which provides clear and definite rules as to whether and under what circumstances the sponsorship of medical education is acceptable. State regulation does not exist, or confines itself to a very general principle. Professional regulation, even though applied frequently, is rather vague and indefinite, raising the general question as to whether self-regulation is the right approach at all. Certainly, self-regulation by industry cannot and should not replace other regulatory approaches. Ultimately, advertising law in general and the European Directive 2001/83/EC specifically, might be a good starting point in providing legal certainty and ensuring the independence of medical education. Swiss advertising law illustrates how the principles of the European Directive could be implemented clearly and unambiguously.     

软文广告的形式、危害和治理——对《广告法》第13条的研究

软文广告在目前我国的大众媒体中盛行,这缘于它在较多情形下比虚假广告更能激发受众的购买欲望,以及政府打击的不力、受害消费者权利主张的困难等原因。为抑制软文广告,有效的治理对策是必要的。制度的完善应该从广告标记、法律责任等方面展开。在广告标记方面,应该重视广告主体运用非语言信息规避法律的问题;在法律责任设定方面,由于软文广告的危害较长时间以来被严重低估,因此应该全面评估软文广告的对消费者、媒体的消极影响。应该加重媒体的行政责任,设定其他责任主体的行政责任,并增设责任主体的民事责任等。     

THE COMPETITIVE EFFECTS OF A CABLE TELEVISION OPERATOR'S REFUSAL TO CARRY DSL ADVERTISING

Many cable television operators routinely refuse to run localDSL advertising on their cable systems. Given that such conductreduces the advertising profits of cable companies, a plausiblepurpose for such discriminatory refusals to deal is to limittheir cable customers' information about competitive alternativesto their cable modem services. By banning local DSL advertisementsplaced on cable television, a cable television operator foreclosesequally efficient rivals (DSL providers) in the broadband Internetaccess market from the most efficient form of advertising abroadband product (television advertising), as I prove here,and thereby impairs rivals' efficiency. To the extent that DSLproviders cannot compete as effectively as they would in theabsence of the ban, the ban allows cable television operatorsto raise the price of cable modem service and thereby reduceconsumer welfare. Using a traditional antitrust analysis, Ipresent evidence that local television advertising can be aseparate product market (when it comes to marketing DSL), andthat cable television providers have market power in that advertisingmarket. I also present evidence that local television advertisingon cable networks is the most efficient form of advertisingfor DSL providers. The potential anticompetitive effect of cable'sban on DSL advertising is to relegate DSL advertising to lessefficient marketing channels, thereby allowing cable operatorsto charge higher prices for cable modem service. Such conductthus raises obvious antitrust issues.     

Game of Power Within the French Urban Landscape: A Socio-legal Semiotic Analysis of Communication,Vision and Space

This paper explores the role and impact of advertising in the French urban planning on citizens’ perception with a close examination of the implications and connections between citizens and outdoor advertising. Significant changes in quantity and form of outdoor advertising have been defined under French regulations. Our knowledge is now mass mediated in public spaces. More and more visible and gargantuan advertising signs surround and even invade our environment for strict commercial benefits. The ‘invasion’ of commercial signs can be compared to a visual pollution affecting our perception, autonomy in thinking and health depending on the part of the population being considered.     

The effects of health care advertising

This paper begins by assessing the current status of health care advertising and its potential for growth, arguing that this form of marketing is not just a passing fad among a few clinics and hospitals. It then describes the opposing schools of thought concerning the economics of advertising, and considers both theory and evidence on the effects of advertising on prices, profits, quality, utilization, and innovation.     

虚假广告罪若干问题探究

虚假广告行为是现实生活中司空见惯的现象,但自从1997年被纳入刑法规制以来,被定为虚假广告罪而受刑罚处罚的尚不多见。而虚假广告罪网络虚假广告在理论和实践中还有很多问题值得深入研究,试对虚假广告的界定、本罪的主体和客体以及网络虚假广告等问题略抒浅见。     

论房地产市场虚假广告行为之刑法规制

近期我国房地产市场回暖,除了宏观经济形势向好的因素外,房地产广告也发挥了较大的作用。但目前我国房地产广告违法违规的现象比较严重,为了遏制房地产市场虚假广告行为、保护广大购房者的利益,应当加大对房地产市场虚假广告行为的打击力度,情节严重的应以虚假广告罪加以定罪处罚。     

Does collusive advertising facilitate collusive pricing? Evidence from experimental duopolies

This article analyzes experimentally whether the degree of collusion for one dimension of duopolists?? interactions influences the degree of collusion for another dimension. More precisely, I will explore whether a high degree of collusion for advertisement expenditures facilitates tacit price collusion. Two environments are tested, in which the size of the spillover between advertising expenditures is varied. The results indicate that both degrees of collusion are correlated: a high degree of collusion on advertising functions as a signalling device triggering a significantly higher degree of price collusion by the opponent. Thus advertising expenditures seem to be a useful indicator for market regulators to detect non-competitive pricing.     

Regulating mobile advertising in the European Union and the United States

Mobile advertising is a gradually developing component of the marketing mix that includes advertisements directed to or accessed on consumers' mobile devices. Growing concerns about the protection of the consumers' personal data are being raised since mobile advertising may become an extremely intrusive practice in an intimate personal space. Approaches of protecting the consumers' personal information differ greatly throughout the world. This article contrasts the regulatory environment in the European Union and in the United States applicable to the consumer's privacy and personal data used for mobile advertising purposes while also examining the effectiveness of each of these approaches.     

Image construction versus empirical evaluations: automobile safety

The present study expands upon earlier work examining advertising as it relates to the construction of safety-related images in the automobile industry. Comparisons are made between automaker portrayal of vehicle safety in magazine advertising and their real-world safety-related performances. Such an analysis enables suggestions regarding, whether or not, the extent to which particular automakers demonstrate a misleading concern for safety and potentially produce false advertisements that violate the standards of law. In this sense, misleading claims related to automobile safety could be considered corporate deviance, particularly in relation to false advertising practices. This paper examines safety and vehicle marketing, a noted gap in recent literature, by looking at three magazine publications over the course of five?years and comparing the marketing strategies and assessing the extent to which automaker crash test evaluations correspond with their socially constructed, safety-based image. Our findings suggest that automakers are largely accurate in their advertising practices with regard to promoting and supporting safety claims.     

DTC Advertising Harms Patients and Should Be Tightly Regulated

Like all interventions in health care, direct-to-consumer (DTC) advertising should be evaluated by comparing its risks to its benefits, in the context of the available or potentially available alternatives. The objective, of course, is to realize any unique benefits while minimizing the risks. On balance, the adverse effects of DTC advertising outweigh the still-unde-monstrated benefits of the advertising.     

Advertising and the Price and Quality of Legal Services: The Case for Legal Clinics

Because the holding in Bates v. State Bar of Arizona is narrow and because some lawyers remain opposed to advertising, the dispute over lawyer advertising continues. Many who favor restricting advertising contend that it will not benefit consumers. They argue that prices must either rise to cover the cost of advertising or, if prices do fall, that quality must also drop.
This article addresses itself to both charges. The first section is theoretical, demonstrating how advertising could lower the costs of producing legal services. Advertising increases the volume of services a lawyer can expect to sell. Greater volume, in turn, allows greater specialization in production, more effective use of systems management, and the substitution of paralegals and capital for lawyer inputs. The authors argue that each of these changes will lower costs, thereby lowering prices without necessarily reducing quality. The second section is empirical, comparing the prices and particularly the quality of services produced by a heavy advertiser, the Legal Clinic of Jacoby & Meyers, and the traditional firms in the Los Angeles market with which the clinic competes. Quality is defined both subjectively and objectively, and original data are presented indicating that the quality of service that the clinic supplies is at least equivalent, and on some measures better, than the quality of service that traditional firms provide.     

广告语言变异及语用目的分析

语言的使用是语言使用者不断作出语言选择的过程。语言交际中语言变异现象十分普遍,它既是一种特殊的语言现象,更是一种交际策略。广告语言是最不“规范”的语言。语言变异是广告语言的主要特点之一。本文从语音变异、词汇变异、句法变异、语义变异、书写变异等五个方面探讨了广告语言变异的袁现形式及其语用目的。     

Media framing and political advertising in the Patients' Bill of Rights debate

The purpose of this article is to assess the influence of interest groups over news content. In particular, I explore the possibility that political advertising campaigns affect the tenor and framing of newspaper coverage in health policy debates. To do so, I compare newspaper coverage of the Patients' Bill of Rights debate in 1999 in five states that were subject to extensive advertising campaigns with coverage in five comparison states that were not directly exposed to the advocacy campaigns. I find significant differences in coverage depending on the presence or absence of paid advertising campaigns, and conclude that readers were exposed to different perspectives and arguments about managed care regulation if the newspapers they read were published in states targeted by political advertisements. Specifically, newspaper coverage was 17 percent less likely to be supportive of managed care reform in states subject to advertising campaigns designed to foment opposition to the Patients' Bill of Rights. Understanding the ability of organized interests and political actors to successfully promote their preferred issue frames in a dynamic political environment is particularly important in light of the proliferation of interest groups, the prevalence of multimillion-dollar political advertising campaigns, and the health care reform debate under President Barack Obama.     

Profiling the mobile customer – Privacy concerns when behavioural advertisers target mobile phones – Part I

Mobile customers are being tracked and profiled by behavioural advertisers to be able to send them personalized advertising. This process involves data mining consumer databases containing personally-identifying or anonymous data and it raises a host of important privacy concerns. This article, the first in a two part series on consumer information privacy issues on Profiling the Mobile Customer, addresses the questions: “What is profiling in the context of behavioural advertising?” and “How will consumer profiling impact the privacy of mobile customers?” The article examines the EU and U.S. regulatory frameworks for protecting privacy and personal data in regards to profiling by behavioural advertisers that targets mobile customers. It identifies potential harms to privacy and personal data related to profiling for behavioural advertising. It evaluates the extent to which the existing regulatory frameworks in the EU and the U.S. provide an adequate level of privacy protection and identifies key privacy gaps that the behavioural advertising industry and regulators will need to address to adequately protect mobile consumers from profiling by marketers. The upcoming second article in this series will discuss whether industry self-regulation or privacy-enhancing technologies will be adequate to address these privacy gaps and makes suggestions for principles to guide this process.¹     

Lawyer Advertising and the First Amendment

A current Supreme Court case concerning lawyer advertising, In re R.M.J., is analyzed in the context of a discussion of the diverse state regulations governing lawyer advertising and solicitation. The article considers the regulations in terms of their constitutionality, their tendency to impede effective advertising, and the effect they have on the legal profession's provision of information to potential clients about the nature, availability, and cost of legal services. Analysis of the major commercial speech cases, from Virginia State Board of Pharmacy to Central Hudson, indicates that many state rules infringe on attorneys' First Amendment rights.     

The regulatory pyramid meets the food pyramid: can regulatory theory improve controls on television food advertising to Australian children?

This article examines whether responsive regulation has potential to improve the regulatory framework which controls free-to-air television advertising to children, so that the regulatory scheme can be used more effectively as a tool for obesity prevention. It presents two apparently conflicting arguments, the first being that responsive regulation, particularly monitoring and enforcement measures, can be used to refine the regulation of children's food advertising. The second argument is that there are limits to the improvements that responsive regulation can achieve, since it is trying to achieve the wrong goal, namely placing controls on misleading or deceptive advertising techniques rather than diminishing the sheer volume of advertisements to which children are exposed. These two positions reflect a conflict between public health experts and governments regarding the role of industry in chronic disease prevention, as well as a broader debate about how best to regulate industry.