Making Advertising Claims: What the FTC and NH Laws Say
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NH Business Articles: Making Advertising Claims
Before You Advertise a Benefit
Know what the law expects
By: George C. Jobel
Know what the law expects
By: George C. Jobel
Both the Federal Trade Commission (FTC) and the State of NH have laws about deceptive advertising practices. And laws make it clear, it is so not enough
for your ad to simply be true. There is much more to it.
The FTC's rules are far reaching. And the catch is, you are not only responsible for your words, but also what an average or reasonable consumer could infer/conclude from your message.
Example : "ABC mouthwash kills the germs that cause the common cold." A reasonable person may conclude from that statement that ABC mouthwash would prevent colds.
Your business is responsible under the law, to not only be able to prove your statements, but also the likely consumer conclusions, before you run the ad .
Will that tractor or sofa last years longer than your competitors'? How could you prove that before you run the ad? Offering consumers a warrantee or money back guarantee doesn't let you off the hook.
Good Rule of Thumb : Only advertise claims you can independently prove by objective, scientific means or expert testimony. Of course it's unlikely you'll be challenged, sued or prosecuted, but, do you really want to risk all that headache?
► For More Information about FTC rules, click here !
► For More Information about New Hampshire rules, click here !
► RELATED ARTICLE: Business Endorsement Rules
About the Author
George C. Jobel owns an advertising agency and does web development & SEO consulting helping clients develop successful online marketing since 1995. The author of numerous articles and publications, George has taught web development and marketing classes since 2000. Reach him at his web site , or 603.491.4340 .
The FTC's rules are far reaching. And the catch is, you are not only responsible for your words, but also what an average or reasonable consumer could infer/conclude from your message.
Example : "ABC mouthwash kills the germs that cause the common cold." A reasonable person may conclude from that statement that ABC mouthwash would prevent colds.
Your business is responsible under the law, to not only be able to prove your statements, but also the likely consumer conclusions, before you run the ad .
Will that tractor or sofa last years longer than your competitors'? How could you prove that before you run the ad? Offering consumers a warrantee or money back guarantee doesn't let you off the hook.
Good Rule of Thumb : Only advertise claims you can independently prove by objective, scientific means or expert testimony. Of course it's unlikely you'll be challenged, sued or prosecuted, but, do you really want to risk all that headache?
► For More Information about FTC rules, click here !
► For More Information about New Hampshire rules, click here !
► RELATED ARTICLE: Business Endorsement Rules
George C. Jobel owns an advertising agency and does web development & SEO consulting helping clients develop successful online marketing since 1995. The author of numerous articles and publications, George has taught web development and marketing classes since 2000. Reach him at his web site , or 603.491.4340 .
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