Federal Trade Commission Edit
An ad is deceptive if it contains a statement — or omits information — that is likely to mislead consumers acting reasonably under the circumstances and is "material" or important to a consumer's decision to buy or use the product. A statement also may be deceptive if the advertiser does not have a reasonable basis to support the claim.
Deceptive means tending or having the power to deceive.
- ↑ See FTC Policy Statement on Deception, appended to Cliffdale Associates, Inc., 103 F.T.C. 110, 174 ("Deception Policy Statement") (full-text).
- ↑ See FTC Policy Statement on Advertising Substantiation, appended to Thompson Medical Co., 104 F.T.C. 648, 839 (1984), aff'd, 791 F.2d 189 (D.C. Cir. 1986) (full-text).