FTC Targets “Up To” Claims

Advertising claims that are deceptive or misleading often draw the ire of the Federal Trade Commission. That’s why avoiding the use of potentially misleading or deceptive adverting is advisable.

Of course, what seems deceptive or misleading to some people, might not to others. Human perception and understanding of specific ads may differ based on many factors, including level of interest, education, common sense, etc.

According to the FTC’s Deception Policy Statement, an ad is deceptive if it contains a statement, or omits information, that (a) is likely to mislead consumers acting reasonably under the circumstances; and (b) is “material”, that is, important to a consumer’s decision to buy or use the product.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

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