Guide to Marketing Labor Laws

Promotion is one of the four areas of marketing. Sweepstakes, games of chance and skill contests are collectively referred to as promotion. There are federal, state and local laws that govern the conduct of these games.

The three elements of an illegal promotion are:

1. prize
2. chance
3. consideration

According to an article from MarketingPower.Com, one of the three elements above has to be eliminated to legalize a promotion. Otherwise, a promotion will be illegal and can earn legal consequences on the part of the marketer.

The article also laid down the tips to ensure the legality of promotion law practice. For the link to the article, click here.

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Wrongful termination from employment is always an issue that needs to be addressed seriously because many of the workers suffer this kind of maltreatment even if state laws are imposed to avoid this kind of dilemma in the workforce. Penalties are high but still we hear stories of unfair labor practices everywhere at any given time. The law just cannot guarantee the safety of the laborers. And this has caused uneasiness and wariness over an employees employment status. Being fired without the legal grounds in doing so is demoralizing and at the same time destructive to the workforce as a whole. Many lives suffer because of illegal and unfair practices that are committed by the employers. The law must have more effective means to protect the employees in their work place.

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There are a handful of basic labor laws that do generally protect U.S. workers. It’s probably fair to say that most employers adhere to these basic labor laws, because they’d be darned foolish if they do not apply it and if they want to stay out of court. But, that’s typically the job of those in the HR and legal-department levels, where the employees are properly trained in such matters. The companies are also made up of other employees, who might never have heard of these basic labor laws or fully understand their significance. That’s one way problems occur, especially if HR and legal departments don’t bother to properly train those in control, like jerky bosses. Another way problems occur is that, for obvious legal reasons, HR and legal departments are unlikely to openly admit that employee complaints and accusations have merit, and the company is liable. Worse, they might even protect the perpetrators more than the victims.

The Dietary Supplements Health and Education Act (DSHEA) in 1994 was made possible through the collaboration of the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA). The FDA is primarily responsible for claims on product labeling including the packaging, inserts and other materials while the FTC handles claims in advertising whether print, infomercials, catalogs and other similar direct marketing materials.

The act changed significantly FDA’s role in regulating the supplement labeling. It put emphasis that advertising especially on dietary supplements should be truthful, substantiated and not misleading.

The Federal Trade Commission (FTC) is responsible for preventing unfairness and deception in the marketplace. Because of this, the FTC Act was established, giving the Commission the power to bring law enforcement against misleading and false claims that a certain product is of U.S. origin. It requires a product to be “all or virtually all” made in the United States. To provide guidance to all marketers who want to make a qualified Made in USA claim and an unqualified Made in USA claim under the “all or virtually all” standard, the Commission also issued an Enforcement Policy Statement on U.S. Origin Claims.

A lease ad is any message inviting, offering or announcing to the public the availability of a consumer lease. It can be in the form of oral, visual, print or electronic media.

The Consumer Leasing Act is a federal law requiring lease agreements to include specific terms like a statement of the number of lease payments plus their dollar amounts, penalties for not paying on the due date and whether a lump sum of payment is due at the end of the agreement.

The National Organic Program (NOP) implements, handles, develops, administers national production and sets labeling standards for organic agricultural products. It also accredits foreign and domestic certifying agents who inspect the production of organic products and handles operations certifying that they meet USDA standards.

In 1990, the Organic Foods Production Act was implemented requiring the Secretary of Agriculture to launch a National List of Allowed and Prohibited Substances that identifies which synthetic substances can be used and non-synthetic substances that may not be used in handling operations and organic production.