Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules may apply.FTC Disclosures that are required to prevent an advertisement from being deceptive, unfair, or otherwise violative of a Commission rule, must be presented clearly and conspicuously.
Whether a disclosure meets this standard is measured by its performance — that is, how consumers actually perceive and understand the disclosure within the context of the entire ad.
The key is the overall net impression of the ad — that is, whether the claims consumers take from the ad are truthful and substantiated. If a disclosure is not seen or comprehended, it will
not change the net impression consumers take from the ad and therefore cannot qualify the claim to avoid a misleading impression.
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