Unformatted text preview: eption Policy Statement”),
also available at www.ftc.gov/bcp/policystmt/ad-decept.htm. A statement also may be deceptive if the
advertiser does not have a reasonable basis to support the claim. See FTC Policy Statement on Advertising
Substantiation, appended to Thompson Medical Co., 104 F.T.C. 648, 839 (1984), aff’d, 791 F.2d 189 (D.C.
Cir. 1986), also available at www.ftc.gov/bcp/guides/ad3subst.htm.
12. Before disseminating an ad, advertisers must have appropriate support for all express and implied objective
claims that the ad conveys to reasonable consumers. When an ad lends itself to more than one reasonable
interpretation, there must be substantiation for each interpretation. The type of evidence needed to
substantiate a claim may depend on the product, the claims, and what experts in the relevant field believe is
necessary. If an ad specifies a certain level of support for a claim — “tests show x” — the advertiser must
have at least that level of support.
13. According to the FTC Act, 15 U.S.C. § 45(n), and the FTC’s Unfairness Policy Statement, an advertisement
or business practice is unfair if it causes or is likely to cause substantial consumer injury that consumers
could not reasonably avoid and that is not outweighed by the benefit to consumers or competition. See FTC
Policy Statement on Unfairness, appended to International Harvester Co., 104 F.T.C. 949, 1070 (1984), also
available at www.ftc.gov/bcp/policystmt/ad-unfair.htm. 4 Federal Trade Commission Unique features in online ads — including advertising delivered via social media
platforms or on mobile devices — may affect how an ad and any required disclosures are
evaluated. A. Background on Disclosures Advertisers are responsible for ensuring that all express and implied claims that an
ad conveys to reasonable consumers are truthful and substantiated. When identifying these
claims, advertisers should not focus only on individual phrases or statements, but should
consider the ad as a whole, including the text, product name, and depictions.14 If an ad makes...
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This document was uploaded on 03/29/2014.
- Spring '14