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.
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A Business Guide to the FTC's Mail or Telephone Order Merchandise Rule [PDF]
Explains what the Rule covers, how to comply, questions and answers about the Rule, and where to go for more information. Includes a copy of the Rule.
A Businessperson's Guide to Federal Warranty Law
Do your product warranties comply with law? This guide explains the Magnuson-Moss Warranty Act, the federal law governing warranties on consumer products.
Accentuate the Positive When Using Negative Option Marketing 
Everybody likes surprises – except when they arrive on the doorstep in the form of merchandise consumers didn’t order. Negative option marketing offers convenience to consumers, but only if the terms are clearly spelled out beforehand.
Ads for Business Opportunities: How To Detect Deception [PDF] [En español]
Promoters of fraudulent business opportunities run ads where their targets are likely to see them: in daily and weekly newspapers, in magazines, and on the Internet. Advertising sales staff with a well-trained eye can recognize – and reject – ads promoting bogus promotions.
Advertising and Marketing on the Internet: Rules of the Road [PDF]
Advertising on the Internet? The rules that apply to other forms of advertising apply to online marketing, too. These standards protect businesses and consumers – and help maintain the credibility of the Internet as an advertising medium.
Advertising Consumer Leases [PDF]
Does your company advertise consumer leases? This publication focuses on your legal obligations under the Consumer Leasing Act and Regulation M.
Advertising FAQ's: A Guide for Small Business [PDF]
Focusing on federal truth-in-advertising standards, this A-to-Z primer is an essential resource for businesses of any size.
Advertising Platinum Jewelry [PDF]
Explains the new portion of the FTC’s Jewelry Guide that discusses requirements for jewelry sellers when marking and advertising platinum jewelry and disclosures concerning products alloyed with non-precious metals.
Big Print. Little Print. What's the Deal? [PDF]
If the disclosure of information is necessary to prevent an ad from being deceptive, the disclosure must be clear and conspicuous. Read more about why fine print is not so fine in advertising and what you need to do to disclose the details of the deal.
Complying with the Made in USA Standard [PDF]
Marketers and manufacturers that promote their products as Made in USA must meet the “all or virtually all” standard. This publication offers practical guidance on Made in USA claims.
Free-conomics
“It’s free!” is generally music to the ears. But when companies use “free” as a deceptive come-on, they can find themselves in legal hot water.
Good Pricing Practices? Scan Do! [PDF]
Accurate pricing boosts customer satisfaction. These practical tips from the FTC and the National Conference on Weights and Measures can help you improve your pricing practices.
Last Shill and “Test”-ament
When marketers truthfully highlight test results in their ads, consumers can use the information to select products that best suit their needs. But when companies misstate studies, exaggerate the outcome, or otherwise “fidget with the digits,” they can expect to hear from the cops on the advertising beat.
Measuring Up! Good Packaging Practices [PDF]
Companies are responsible for the accuracy of “net content statements” on packaged goods. Federal and state agencies remind businesses to make sure their claims “measure up.”
Mortgage Assistance Relief Services Rule: A Compliance Guide for Lawyers [PDF]
The Mortgage Assistance Relief Services (MARS) Rule includes specific provisions that address attorneys’ obligations. Learn more about activities that fall within the scope of the rule.
Reflections on Connections: The FTC’s Revised Endorsement Guides
Compensating endorsers to advertise your product or service? Knowledge of how they’re compensated could affect how consumers interpret the ad. That’s why the FTC’s Endorsement Guides require that you disclose unexpected material connections between an advertiser and an endorser.
Screening Advertisements: A Guide for The Media [PDF]
Do you know the buzz words that may be a tip-off to a rip-off? By spotting – and stopping – deceptive ads before they run in your publication or on your station, your sales staff can help maintain your reputation for accuracy.
Shutting the Door on Deceptive Endorsements: The FTC’s Revised Endorsement Guides
Do your ads feature consumer testimonials? You should know that under the FTC’s Endorsement Guides, it’s illegal to feature a “best case scenario” with a “your results may vary” fineprint disclaimer. Learn how to comply with the law by clearly and conspicuously disclosing the typical results.
Social Studies: Applying the FTC’s Revised Endorsement Guides in New Marketing Media
Using social media as part of your marketing strategy? The FTC’s Endorsement Guides explain how advertisers and bloggers can comply with the law.
Strings Attached? Disclosing the Details of the Deal
Online shoppers are bound to see them: Banner ads, pop-ups, or email congratulating them on “winning” a laptop, gaming system or something else of value. Companies that promise prizes when there are deceptive strings attached can find themselves tied up in legal trouble.
Taking the “Bait” Out of Rebates
Rebates can be great – when the details are clearly disclosed up front and buyers receive their rebates on time. Does your promotion comply with the law?
The Company You Keep
Savvy marketers understand the importance of having their house in order when it comes to complying with consumer protection laws. But it can be just as important to make sure your business partners, contractors, and other affiliates follow the same high standards.
The FTC’s Revised Endorsement Guides: What People are Asking [PDF]
Answers to questions people are asking about the FTC’s revised Endorsement Guides.
When Consumers Complain
Preventing problems is preferred, but handling complaints effectively can do a lot to boost customer satisfaction. Does your company have a system in place for responding when customers complain?
When You Wish Upon a Star: Celebrity Endorsements & the FTC’s Revised Endorsement Guides
Star power can be an effective tool in advertising. But if you’re using a celebrity to advertise your product or service, make sure to brush up on the FTC’s Endorsement Guides.
Writing Readable Warranties
Do you offer warranties on your products? This guide can help you cut through the legal-ese and meet your legal obligation to write warranties buyers can understand.
“Cereal” Violations?
If you make health claims about your product – especially when it comes to children’s health – take a note from the FTC’s settlement with Kellogg by learning how to substantiate your representations.
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