Legal Question in Business Law in California

Magazine Advertisers Rights

I have been advertsing in a specialty magazine over a year. The product is doing well, with thousands of happy customers. Suddenly the publisher/editor challanges my product claims citing anonymous complaints, and questionable testing methods they used. This was pointed out to them, and a verbal agreement was set to do a joint test. They then refused to show up, and cancelled my paid ads. What recourse might I have. Do they have the right to cancel my ads at anytime based on faulty tests and not willing to do a joint test? I suspect the anonymous complaints are from the competition. There is a definite loss of business for me and marketing set back.

I may want to sue them for damages.


Asked on 1/07/99, 6:19 am

2 Answers from Attorneys
Timothy J. Walton Internet Attorney

Re: Magazine Advertisers Rights

Whether the magazine has the right to cancel your contract depends on the agreement you made with the magazine. Have all the ads you paid for now run?

Also, did the magazine print the results of a faulty test?

If you would like to discuss this with me, please call me at (650) 938-3536.

Timothy J. Walton

Internet Attorney

1896 San Ramon Avenue


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Answered on 1/25/99, 8:47 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Magazine Advertisers Rights

The answer will largely depend on the language in your contract with the magazine, but I have many other questions I would need answered before I could offer an opinion. Feel free to contact me (310-575-3540) if you like.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340


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Answered on 1/25/99, 9:06 pm


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