Advertising Laws and FTC Enforcement

Consumers have protection against false or misleading descriptions of products or services. Goods and services cannot be sold if their sale will confuse consumers or unfairly damage another business. Advertising law is, to an extent, enforced by the Federal Trade Commission (FTC).

Before using an advertisement consider if the information is truthful, if you have evidence to support your assertions, and if the information is unfair in the manner presented. The FTC’s evaluation is made from the perspective of the reasonable consumer.

Specifically, what would the reasonable person extract from the express and implied information presented? If the reasonable consumer’s impression would be different than the actual material presented there is a risk of action by the FTC against your company.

About the Author

Elliott Stapleton

Elliott is a partner in the firm of Cornetet, Meyer, Rush and Stapleton serving clients throughout Ohio. Elliott's business clients range from small single member companies to large privately-held businesses. CMRS Law provides legal services which include advice on Business Formation and Transactions, Real Estate Transactions, Trademark Law, Copyright Law, Estate Planning, Trust Administration, Probate Administration, and Succession Planning. CMRS Law serves clients at two locations: 123 Boggs Lane, 1st Floor, Cincinnati, Ohio 45246 and 2101 Grandin Road, Suite A, Cincinnati, OH 45208