From The FTC Regarding Advertising and Marketing
Advertising and Marketing Basics
Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules may apply.
If you advertise directly to children or market kid-related products to their parents, it’s important to comply with truth-in-advertising standards. (Questions about kids’ privacy? Check out the FTC’s resources about COPPA, the Children’s Online Privacy Protection Act. The FTC also has a special page about food advertising to children and adolescents.)
Endorsements, Influencers and Reviews
If you use endorsements in your marketing, do they meet the standards of the FTC Act and the FTC’s Guides Concerning Use of Endorsements and Testimonials in Advertising (Endorsement Guides)? And what about social media influencers? If your business works with influencers or if you’re an influencer yourself, are you both taking necessary steps to clearly disclose material connections? Find out more by consulting FTC compliance materials. You’ll also find resources about consumer reviews, including information about complying with the Consumer Review Fairness Act.
Companies are offering consumers an ever-growing assortment of “green” options. But whether your environmental claims are about the product or the packaging, you’ll need competent and reliable scientific evidence to support what you say. Find out more by consulting the FTC’s revised Green Guides. Have you spotted what you think might be a deceptive claim or practice? File a complaint.
Companies must support their advertising claims with solid proof. This is especially true for businesses that market food, over-the-counter drugs, dietary supplements, contact lenses, and other health-related products.
Made In The USA
Do you promote your products as “Made in the USA”? Under the law, some products must disclose U.S. content. For others, manufacturers and marketers who choose to make claims about the amount of U.S. content need to know about the FTC’s Enforcement Policy Statement on U.S. Origin Claims. Is your company up on what’s required?
Online Advertising and Marketing
The Internet connects marketers to customers across the country and around the world. If you advertise online, remember the rules and guidelines that protect consumers also help businesses by maintaining the credibility of the Internet as a marketing medium. In addition, truth-in-advertising standards apply if you sell computers, software, apps, or other products or services.
The FTC’s Telemarketing Sales Rule helps protect consumers from fraudulent telemarketing calls and gives them certain protections under the National Do Not Call Registry. Companies also need to be familiar with rules banning most forms of robocalling. If you or someone working on your behalf is telemarketing products or services, know the dos and don’ts before you plan your strategy.