On March 20, 2019, I wrote about the lawsuit potentially holding companies liable for their marketing campaigns that allegedly encourage and potentially lead to criminal acts. The post is copied below.

This week, “t]he U.S. Supreme Court declined to review the ruling, without comment from any individual justice.”  Hence, “[t]he decision lets stand a groundbreaking ruling from the Connecticut Supreme Court that said the manufacturer of the Bushmaster AR-15-style semiautomatic rifle can be sued and potentially held liable for the 2012 massacre in Newtown, Conn.”

Best practice is to consider the take away messages from marketing campaigns.  It’s not only about the wording, but the suggestions that a reasonable person could infer.  Stay tuned…

#substantiationequalstrust #transparencyformstrust #adveritisingandmarketinglawyer #hispanicadvertisingandmarketingattorney #promotiontransparency #couponlegality #promotionalintegrity

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March 20, 2019 Post

Does Your Marketing Encourage Criminal Acts?

From the Advertising, Marketing and Promotions Law perspective, the recent decision by the Connecticut Supreme Court raises interesting legal questions regarding marketing strategy. The Court allowed plaintiffs “to subpoena internal documents on how the gun companies have marketed the AR-15, which has become the weapon of choice for mass shooters. The gun manufacturers have closely guarded information on how they market the assault weapons.”

Justice Palmer stated in the Court’s majority decision that “We further conclude that PLCAA does not bar the plaintiffs from proceeding on the single, limited theory that the defendants violated CUTPA by marketing the XM15- E2S to civilians for criminal purposes, and that those wrongful marketing tactics caused or contributed to the Sandy Hook massacre.”

This case gives marketers food for thought.  What is the intended purpose of your product?  Does your marketing strategy encourage criminal acts with your product?  Does that open the marketer to legal and/or criminal liability?  All questions that need answers.

As the Connecticut case advances, we will learn more about the potential consequences IF it is found that marketing campaigns encouraged criminal acts, which could eventually be applied to other products as well.  Stay tuned…

#substantiationequalstrust #transparencyformstrust #adveritisingandmarketinglawyer  #hispanicadvertisingandmarketingattorney #promotiontransparency #couponlegality  #promotionalintegrity

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