Questions & Answers

How Prominent Does a Disclaimer or Disclosure have to be in Other Kinds of Ads?

How Prominent Does a Disclaimer or Disclosure have to be in Other Kinds of Ads? When the disclosure of qualifying information is necessary to prevent an ad from being deceptive, the information should be presented clearly and conspicuously so that consumers can actually notice and understand it. A...

Is Advertising on the Internet Subject to the Same Laws as Other Advertising?

Is Advertising on the Internet Subject to the Same Laws as Other Advertising? Yes. Ad claims on the Internet must be truthful and substantiated. Ask the FTC for a copy of Advertising and Marketing on the Internet: The Rules of the Road for more information. Dot Com Disclosures offers special...

Is it Legal for a Company to Compare its Product to Another Company's Product in an Ad?

Is it Legal for a Company to Compare its Product to Another Company's Product in an Ad? Comparative advertising is legal as long as it is truthful. For more information, ask the FTC for the Comparative Advertising Policy Statement. Stay Ahead of the Curve! Explore our comprehensive CLIC law...

Is it Okay for a Company to "Dry Test" a Product According to the Mail, Internet, or Telephone Order Merchandise Rule?

Is it Okay for a Company to "Dry Test" a Product According to the Mail, Internet, or Telephone Order Merchandise Rule? "Dry testing" describes the practice of placing an ad for a product to see if there is sufficient consumer interest before actually going to the expense of manufacturing the item...

My Company is Thinking about Creating a Website for Kids. What Rules Apply?

My Company is Thinking about Creating a Website for Kids. What Rules Apply? The Children's Online Privacy Protection Act, a federal law that requires websites to obtain verifiable parental consent before collecting, using, or disclosing personal information from children, including their names,...

My Company Offers a Money-Back Guarantee. Must we Still have Proof to Support our Advertising Claims?

My Company Offers a Money-Back Guarantee. Must we Still have Proof to Support our Advertising Claims? Yes. Offering a money-back guarantee is not a substitute for substantiation. Advertisers still must have proof to support their claims. Stay Ahead of the Curve! Explore our comprehensive CLIC law...

What are Free Products?

What are Free Products? A product that's advertised as free if another is purchased - "buy one, get one" - indicates that the consumer will pay nothing for the one item and no more than the regular price for the other. Ads like these should describe all the terms and conditions of the free offer...

What are some Kinds of Claims that Could Result in Civil Penalties for Companies that sell Franchises, Business Opportunities, and Investments?

What are some Kinds of Claims that Could Result in Civil Penalties for Companies that sell Franchises, Business Opportunities, and Investments? On October 26, 2021, the Federal Trade Commission (“FTC”) issued a new Notice of Penalty Offenses targeting deceptive money-making claims. This notice...

What are the FTC's Guide Concerning use of the Word “FREE” and Similar Representations?

What are the FTC's Guide Concerning use of the Word “FREE” and Similar Representations? GUIDE CONCERNING USE OF THE WORD “FREE” AND SIMILAR REPRESENTATIONS § 251.1 The guide. (a) General. (1) The offer of “Free” merchandise or service is a promotional device frequently used to attract customers...

What are the Rules on Advertising Rebates to Consumers?

What are the Rules on Advertising Rebates to Consumers? Ads that include rebate promotions should prominently state the before-rebate cost, as well as the amount of the rebate. Only then will consumers know their actual out-of-pocket cost and have the information they need to comparison shop...

Search form

Search form

Search form

Sign Up For Our Newsletter