This note argues that the structure of existing FCC and FTC regulatory regimes is not effective in addressing challenges posed by certain types of product placement. Thus, a specific disclosure requirement targeting non-visual product placement is needed. Part I presents an overview of the existing federal regulatory structure governing product placement, and the current arguments for and against affirmative disclosure requirements. Parts II and III identify the various categories of product placement and argue that non-visual placement presents unique challenges that are absent in other categories of product placement. Finally, Part IV argues that the current regulatory regime is insufficient, states the need for and benefits of regulation targeting non-visual placement, and suggests some possible disclosure requirements.
"Did You Want Fries With That?" The Unanswered Question of Federal Product Placement Regulation,
9 Vanderbilt Journal of Entertainment and Technology Law
Available at: https://scholarship.law.vanderbilt.edu/jetlaw/vol9/iss2/7