Actual problems of product placement and embedded (surreptitious) advertising

This research paper covers examples and problems arising from product placement and surreptitious advertising. Product placement and surreptitious advertising are so similar but absolutely different types of advertising, while product placement may not be considered advertising at all. The point at issue arises when it is difficult to determine the real object of advertising. A separate cluster of marketing is a publishing of advertisement information in consumer products, which are not directly available for advertising: for example motion pictures and texts of books. There is a practice when authors include in products mentioning of specific trademarks and its characteristics for consideration. However, in some cases, it is very difficult to distinguish advertising and a describing or information naturally included in the text and is not advertising. The author focuses on the regulation of product placement and surreptitious advertising in Russia, legality of such advertising under the legislation of different countries, lawsuits, risks and academic conclusions. The choice of the research topic is due to different interpretations of these concepts and mixtures with other types of advertising in the research works and contradictory practices and terms found in the regulations of the Federal Antimonopoly service and the decisions of the courts. This research paper will be useful for lawyers dealing with cyber and digital law and all persons interested in legality of advertising materials in mass media and mass entertainment.