FTC Advertising Enforcement

The Federal Trade Commission (FTC) is the primary regulatory body for advertising and marketing activities in the US. Section 5 of the FTC Act protects consumers against deceptive or unfair advertising and marketing practices, but determining what the FTC considers “unfair” or “deceptive” can sometimes be a challenge. This program presented by Christie Grymes Thompson, Kelley Drye’s chair of Advertising and Marketing and Consumer Products Safety practice groups, explores the FTC’s advertising enforcement history and provides insight into the Commission’s recent and future enforcement priorities. It also looks at the FTC’s endorsement guidelines, which have broad implications for social media, as well as their “Green Guides,” the legal framework for making claims relating to green seals and logos, recyclable and recycled products, sustainability initiatives, organic textiles and food products, etc. 

Learning Objectives:

I.     Gain an understanding of Section 5 of the FTC Act, which governs advertising and marketing practices

II.    Learn about claim substantiation requirements for both objective and subjective claims

III.   Become aware of your disclosure obligations

IV.   Understand what the FTC considers a comparison

V.    Grasp what is covered in the FTC’s endorsement and green guides