In advertising and marketing law, the word “advertising” has a much broader and more technical meaning than the casual, everyday idea of “a promotional message.”
Legal systems—whether in the EU, UK, US, or international standards like the ICC Code—see advertising as a regulated form of communication designed to influence consumer behaviour, protect market fairness, and prevent deception.
Below is a full, detailed explanation of what “advertising” legally means, how it is interpreted across major jurisdictions, and why the definition matters in real-world cases.
1.1 Core Legal Concept of Advertising
Legally, advertising refers to:
“Any form of communication made in connection with a trade, business, craft, or profession, with the purpose or likely effect of promoting the supply of goods, services, digital content, rights, or obligations.”
This definition appears—almost identically—in:
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EU Consumer Protection Law (UCPD)
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UK Consumer Protection from Unfair Trading Regulations (CPRs)
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ASA/CAP Codes
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US Federal Trade Commission (FTC) standards
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International ICC Marketing & Advertising Code
Key Insight:
Advertising is defined not by where it appears, but by its intent and effect on consumers.
This means advertising includes far more than traditional ads. Even short, casual, or seemingly harmless statements can become “advertising” in the eyes of the law.
1.2 Key Elements of the Legal Definition
1.2.1 A Commercial Purpose
The communication must have a commercial goal:
But the law also focuses on “likely effect,” not just intention.
So even if a business claims they were “just sharing an opinion,” the message may still legally be considered advertising.
1.2.2 Any Medium or Channel
Advertising is media-neutral.
It can appear through:
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Posters, billboards, TV, radio
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Websites, landing pages, pop-ups
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Social media posts, reels, stories
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Influencer content and affiliate links
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Email marketing
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Product packaging
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Labels and point-of-sale displays
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AI-generated content
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Word-of-mouth paid recommendations
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Public statements by a business representative
If it promotes a commercial product/service, it is advertising.
1.2.3 The Broad Scope of “Commercial Communication”
Most laws include any message that:
Even content that doesn’t directly mention a product can count.
For example:
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“We are the healthiest food company in Europe.”
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“Our company cares about the planet.”
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“The most trusted crypto platform.”
These are advertising claims, and must be legally substantiated.
1.3 What Advertising Is Not (Legal Distinctions)
Understanding what isn’t advertising is crucial.
1.3.1 Editorial Content (Unless Paid or Influenced)
Pure journalism or independent reviews are not advertising—
unless payment, gifts, or commercial influence exists.
Then it becomes advertorial (which must be disclosed).
1.3.2 Personal Opinions (When Not Commercial)
A private consumer saying, “I like this product,” is not advertising.
But if the consumer receives compensation → it's advertising.
1.3.3 Mandatory Information Required by Law
Examples:
These are not “advertising,” even if placed on packaging.
However—
When mandatory info is mixed with promotional claims
(“Low fat!” “The safest model!”),
those promotional elements are advertising.
1.4 Why the Legal Definition Matters
The definition of advertising triggers a wide range of legal obligations:
1.4.1 Truthfulness & Substantiation
Advertisers must be able to prove:
1.4.2 Transparency of Sponsorship
Influencers, brands, and media must declare:
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paid partnerships
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gifted products
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affiliate links
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sponsorships
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brand endorsements
Otherwise the communication is considered misleading by omission.
1.4.3 Protection of Vulnerable Consumers
Advertising must avoid:
1.4.4 Fair Competition
Advertising cannot:
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disparage competitors unfairly
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imitate other brands
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misrepresent market positions
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create artificial scarcity
1.4.5 Digital-Specific Rules
The definition extends to:
This is why marketing law is expanding rapidly.
1.5 Practical Real-World Examples
Example 1
A bakery posts on Instagram:
“We bake the healthiest croissants in Milan.”
Legally → Advertising
Because it promotes their product and makes a factual claim.
Example 2
A YouTuber says:
“This perfume is my favourite,” after receiving payment.
Legally → Advertising
And they must disclose the sponsorship.
Example 3
A clothing brand writes a blog post about “How to dress elegantly.”
The article subtly promotes their products.
Legally → Advertising
Because it influences consumer behaviour in a commercial context.
Example 4
A TikTok influencer shows a product but says:
“This is not an ad.”
If they received anything of value →
It is advertising, regardless of their statement.
1.6 Summary
Advertising, in legal terms, is:
“Any commercial communication designed to promote products, services, or the image of a business, regardless of format, channel, or explicit intent.”
It includes:
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traditional ads
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digital content
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influencer and affiliate marketing
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brand-building statements
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promotional storytelling
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customer testimonials influenced by payment
It excludes:
Understanding this definition is essential for compliance with:
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consumer protection law
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marketing regulations
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advertising standards
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transparency rules
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fair competition law
In a digital world where advertising is increasingly subtle, integrated, and AI-driven, the legal definition is broader and more powerful than ever.
