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Acc-cen-tuate the positive. Eliminate the negative. Latch on to the affirmative. And don't mess with Mr. In-Between. That's how the catchy Bing Crosby-Andrews Sisters number went in the 40s. When it comes to negative options now, the message for marketers is to explain things positively. The FTC has a process in place for reviewing rules and guides. Think of it as regulatory spring cleaning. We consider how times or technology have changed, and...

There sure are a lot of seals out there. The British singer. The Navy special ops unit. The aquatic mammal. But the seals that matter to the FTC are certifications that convey representations consumers might not be able to evaluate for themselves. If your company makes Made in the USA claims, you’ll want to “Get Closer.” (And yes, that was a hit by 70s folk rockers, Seals and Crofts.) Ohio-based Made in the USA Brand markets a U.S.-origin seal...

If there’s one theme that runs through decades of FTC law, it’s that companies need consumers’ informed consent to bill their accounts. That was true in the early days of mail order. It carried through to online shopping. And it remains the law for mobile devices, including in-app purchases. The FTC’s lawsuit against Amazon alleges the company didn’t honor that elementary principle. As a result, the FTC says thousands of parents were billed for...

It was an all-too-common occurrence. People’s mobile phone bills included unexplained – and unauthorized – monthly charges. It’s called cramming and the FTC has brought a series of cases against companies that had fees for ringtones, horoscopes, “love tips,” etc., placed on cell phone bills without consumers’ consent. The crammers took a chunk of the cash, but you might be surprised to learn who the FTC says pocketed a 35-40% piece of the action...

When ads for beauty products convey subjective claims – for example, L’Oréal’s long-standing “Because I’m worth it” tagline – it’s unlikely consumers would think statements like that are supported by science. (It’s hard to imagine a testing protocol that could establish whether or not we’re worth it.) But flip through a magazine and it’s apparent that test tubes are overtaking powder puffs in how some cosmetics are marketed. When companies tout...

The headline read ZIP. ZERO. NADA. In big print, the ads also said 0 money down* and 0 for paid closing costs*. Heritage Homes didn’t include ZILCH, BUPKES, or (for “Buffy the Vampire Slayer” fans) THE BIG GOOSE EGG, but the FTC says the meaning to prospective buyers was clear. So how much truth was in that across-the-board “zero” claim? According to the FTC’s complaint: Zip. Zero. Nada. Through newspaper ads, flyers, and direct mail, the...

If it hasn’t happened yet, it’s only a matter of time. You walk into a room – say, to get your sunglasses – and then can’t remember why you’re there. So it’s no wonder that claims for BrainStrong Adult, a dietary supplement advertised on TV, online, and through an active social media presence, caught consumers’ eye. Ads said that Brain Strong Adult “helps protect against normal cognitive decline as we age” and is “clinically shown to improve...