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Best practices for avoiding allegations of unlawful advertising

On Behalf of | Sep 21, 2022 | Business & Commercial Law

The Federal Trade Commission regulates corporate advertising. As such, the FTC protects consumers from exposure to lies.

As the owner of a business venture, you remain at risk for accusations of unfair advertising. Caution is necessary to reduce the potential.

Be truthful

Every promotional piece needs to adhere to the adage that honesty is the best policy. Never make claims that are open to interpretation as being false. Remain extra vigilant when it comes to terminology. For instance, perhaps you want to claim your product is 100% organic. Even trace amounts of an artificial ingredient could lead to legal trouble.

Provide evidence

Along those lines, it is a wise practice to include supporting proof. Expanding on the above example, acquiring a USDA organic certification will silence doubters. Insert online links backing up your claims on the web and at the bottom of printed materials.

Maintain inventory

You crave a surge of patrons beating down your doors. Thus, there is the temptation to crow about item availability. The moment you sell out, this assertion becomes false. One tactic that avoids such a pitfall is adding the caveat of limited quantities.

Seek permissions

It makes sense to incorporate complimentary words into ads. Never do so unless written consent exists. The same principle applies to artwork. Painters, photographers and illustrators want to get paid. Hash out agreements with them before using their creations. Plus, steer clear of presentations implying a nonexistent celebrity endorsement.

Sloppy advertising could place you in danger of a damaging lawsuit. Play it safe when preparing campaigns designed to shine a spotlight on your venture.