A common question in the advertising law field is “does advertising law apply to companies located in other countries?”  The quick answer is YES, if they advertise and sell products in the USA.

If a company is doing business in the USA, then USA law normally applies.  Given the surge of COVID-19 miracle cures being advertised, the FTC and the FDA are conducting joint enforcement of such false and misleading advertising in the USA.  An example of such joint enforcement is the agencies’ recent Warning Letter to a Canadian company whose website claims “Chaga is believed to be one of the highest antioxidants you can get and guess what that means it may fight against Corona-virus and or cancer. I am taking my Chaga everyday so I hopefully don’t get controlled by a virus. . .”

Best business practice is to have all marketing be legally compliant with all applicable laws in the USA by having campaigns reviewed before launching them publicly, regardless where the company is located.  It is especially important when advertising online targeting consumers in the USA.

Friendly reminder: Substantiation + transparency = TRUST!  Having legally compliant marketing campaigns and business builds trust.

For more information:

https://www.ftc.gov/system/files/warning-letters/fda-covid-19-letter_canadian_chaga.pdf

All materials in this website are Copyright protected 2018 to present by Glover Dichter, PL and/or Audrey Glover-Dichter. No reproduction allowed without prior written authorization. NO AI TRAINING: Without in any way limiting the author’s [and publisher’s] exclusive rights under copyright, any use of this publication to “train” generative artificial intelligence (AI) technologies to generate text is expressly prohibited. The author reserves all rights to license uses of this work for generative AI training and development of machine learning language models.

Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This site does not purport to give legal advice nor does use of this venue by any party constitute the formation of an attorney-client relationship. This website contains testimonials from clients, seminar participants, and organizational testimonials. This website also contains successful results on behalf of our clients. All cases are different. Your case may differ from the specific cases we provided successful results on. Each case must be evaluated and handled on its own merit. Past successes do not guarantee future results. ATTORNEY ADVERTISING