Advertising and Marketing
Whether a business is an established global brand or a start-up, effective advertising and marketing can be the key to its success. All businesses have a legal responsibility to ensure that their advertising is truthful and not deceptive. And no matter where an ad appears – on the Internet, on the radio or television, in newspapers and magazines, in the mail, or on billboards or buses – the same truth-in-advertising standard applies.
Advertising and Marketing Basics
Under the law, claims in advertisements must be truthful, can't be deceptive or unfair, and must be evidence-based. If you need to disclose information to prevent an ad from being deceptive, disclosures must be clear and conspicuous. For some specialized products or services, additional rules may apply. Advertising products or services as "free," offering rebates, or using other marketing methods? Make sure you're up on the law.
Children
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 on the Internet? Read up on COPPA – the Children’s Online Privacy Protection Act.)
Environmental Marketing
Does your company make "green" claims about your products' impact on the environment or representations about energy savings? Whether the claims are about the product or the packaging, truth-in-advertising principles apply: green claims – including representations about energy consumption – must be backed up by competent and reliable scientific evidence. (Learn about the FTC’s proposed changes to update its Green Guides.)
Health Claims
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.
Online Advertising and Marketing
The Internet connects marketers to customers across the country and around the world. If you promote your products online, the same truth-in-advertising standards apply. In addition, special rules cover marketing using email. Remember that the guidelines that protect consumers also help businesses by maintaining the credibility of the Internet as an advertising medium.
Telemarketing
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. If you or someone working on your behalf is telemarketing products or services, know the dos and don’ts before you plan your strategy.
