Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Rebecca Tushnet and I are pleased to announce the fifth edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats:

* A DRM-free PDF file. Price: $12
* In Kindle. Price: $9.99
* Print-on-demand hard copy from Amazon. Price is $30 + shipping and tax. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought.

If you are a professor, or are hoping to teach the course, and would like a free evaluation copy, please email me (

A sample chapter, Chapter 14 (on publicity rights and endorsements), is available as a free download. We also have an online-only chapter, Chapter 19, providing deeper coverage of housing advertisements and political advertising (also a free download).

We’ve discussed the book’s background and our goals as authors in this essay.

What Does the Book Cover?

Chapter 1: Overview
Chapter 2: What is an Advertisement?
Chapter 3: False Advertising Overview
Chapter 4: Deception
Chapter 5: Which Facts Matter? Reasonable Consumers and Materiality
Chapter 6: Omissions and Disclosures
Chapter 7: Special Topics in Competitor Lawsuits
Chapter 8: Consumer Class Actions
Chapter 9: False Advertising Practice and Remedies
Chapter 10: Other Business Torts
Chapter 11: Copyrights
Chapter 12: Brand Protection and Usage
Chapter 13: Competitive Restrictions
Chapter 14: Featuring People in Ads
Chapter 15: Privacy
Chapter 16: Promotions
Chapter 17: The Advertising Industry Ecosystem–Intermediaries and Their Regulation
Chapter 18: Case Studies in Health and Environmental Claims
Chapter 19 (online only): Case Studies in Housing and Political Advertising Regulation

What Changed from the Fourth to the Fifth Editions?

Some of the bigger changes this edition:

  • We consolidated the hard copy into a single volume. To do this, we had to change the book size to 8×10 and manipulate the formatting some. The book has the same content as before (with some prudent trimming here and there), but having it in a single volume makes life easier for everyone. This also allowed us to reduce the hard-copy price from the prior cost of $40 for the two volumes.
  • We split the jumbo chapter on falsity (Chapter 4) into two. This should make the chapter a little less daunting and more teachable.
  • We renamed Chapters 18 and 19 to better reflect their contents.

As usual, we freshened the book throughout. We did some significant reworking of the privacy section, such as our treatment of Article III standing and coverage of the California Consumer Privacy Act (a watered-down version of this).

A personal note: I’m scheduled to teach the course in Spring 2021, my first time teaching it since Spring 2015 (when my mom died).

If You Are Teaching (Or Want to Teach) Advertising Law

For reasons why you should consider teaching an advertising law course, see this post. In addition to a complimentary book copy, we can provide (1) access to the Georgetown Intellectual Property Teaching Resources database, with digitized props galore; and (2) our PowerPoint slide decks, lecture notes, and other materials. If you are creating a new course, we can give you feedback on your draft syllabus and course proposal. Email me! You can see my old syllabi and exams on my Advertising Law course page.