What must not be included in the definition of advertising?

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The definition of advertising encompasses various promotional activities designed to inform potential customers about products or services. However, when considering what should not be included in this definition, materials required by federal or state law stand out. These materials serve regulatory purposes and often provide necessary disclosures or compliance information, rather than functioning as traditional promotional advertising aimed at persuading consumers to make purchases.

In contrast, promotional flyers, television commercials, and direct mail literature are all explicitly designed to promote and market products or services to consumers. They aim to create interest, generate leads, or directly encourage sales, which fits neatly within the typical scope of advertising. Therefore, the distinction lies in understanding that legal requirements and compliance materials exist to inform and protect consumers rather than to serve the typical purposes of advertising.

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