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In 1955, the FCC issued a statement that subliminal marketing was a cause of public concern and that broadcasters should approach the technique cautiously. Instead, it is the country's advertising and broadcasting regulatory agencies that deal with the topic and its impact on the public. The closest it gets are sections 5 and 12 of the Federal Trade Commission Act. The Federal Communications Commission will revoke the broadcast license of any company that uses subliminal marketing in its broadcast. As a result, a state that is more concerned with farm co-ops, churches, fraternal organizations and public charities may have a less useful non-profit statute than one that contemplates the needs of business-oriented organizations as well. He also ruled that subliminal messaging was not used in that particular case because, to date, no one had proven that subliminal messages could actually move someone to act against his will. Public Service Commission of New York in 1979, the Supreme Court ruled that in order for marketing speech to be protected by the First Amendment, it must not be misleading. In 1974 the FCC issued Public Notice FCC 74-78, and an Information Bulletin called "Subliminal Projection," following much investigation into the topic.

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The Human Rights Act 1998 (often known as the Act or the HRA) came into drive in the United Kingdom in October 2000. Over at Head of Legal , Lady Hale's ‘attack on the type of summary rulings these appellants, both of whom are serving life for murder, had been asking for' was described as ‘trenchant', although she notes that 102 ‘there may be occasions when that a declaration of incompatibility in abstracto would be acceptable…though the courtroom must be extremely gradual' to do so. A Privateness Worldwide spokesperson tells that the organisations will not be anticipating that this will be the case.