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Unformatted text preview: express or implied claims that are likely to be misleading without certain qualifying information,
the information must be disclosed.
A disclosure can only qualify or limit a claim to avoid a misleading impression. It cannot
cure a false claim. If a disclosure provides information that contradicts a material claim, the
disclosure will not be sufficient to prevent the ad from being deceptive. In that situation, the
claim itself must be modified.
Many Commission rules and guides spell out the information that must be disclosed
in connection with certain claims. In many cases, these disclosures prevent a claim from
being misleading or deceptive.15 Other rules and guides require disclosures to ensure that
consumers receive material information to assist them in making better-informed decisions,16
or to implement statutes furthering public policy goals.17 In all of these instances, if a
disclosure is required, it must be clear and conspicuous. 14. Copy tests or other evidence of how consumers actually interpret an ad can be valuable. In many cases,
however, the implications of the ad are clear enough to determine the existence of the claim by examining the
ad alone, without extrinsic evidence.
15. For example, if an endorsement is not representative of the performance that consumers can generally expect
to achieve with a product, advertisers must disclose the generally expected performance in the depicted
circumstances. Endorsement Guides, 16 C.F.R. § 255.2.
16. For example, any solicitation for the purchase of consumer products with a warranty must disclose the text of
the warranty offer or how consumers can obtain it for free. Pre-Sale Availability of Written Warranty Terms, 16
17. For example, the required energy disclosures in the Energy Labeling Rule, 16 C.F.R. § 305, further the public
policy goal of promoting energy conservation by providing consumers with clear comparative information. 5 .com Disclosures: How to Make Effective Disclosures in Digital Advertising B. Th...
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This document was uploaded on 03/29/2014.
- Spring '14