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How to avoid creating misleading ads

On Behalf of | Jan 17, 2020 | False Advertising |

These days, we are exposed to advertisements almost everywhere. Advertisements can take many different forms – a television commercial, a celebrity’s Instagram post, or a pop-up on a web page. Ads are meant to attract consumers to your business or product and provide your company with more visibility.

But it’s important to remember that advertisements are regulated strictly by both federal and state laws. When creating advertisements for your products, you must adhere to specific rules and principles to avoid false advertising claims.

False advertising in New York

New York has specific state laws regarding false advertising that fall under Deceptive Trade Practice laws. These laws prohibit businesses from making any false claims or spreading misinformation through their advertising efforts to trick consumers into buying their products. On the federal level, the Federal Trade Commission (FTC) also has a set of rules and regulations to protect consumers and businesses from fraudulent ads.

What can I do for my business? 

To ensure your business won’t be accused of false advertising, consider the following practices:

  1. Be honest and accurate. No matter what product or service you are selling, you must be as truthful as possible in your advertising. Don’t leave out any related information, such as significant terms and conditions. The more detailed your advertisement is, the clearer it will be to consumers.
  2. Back up your claims. If your product can perform a particular groundbreaking function, make sure you have the proper evidence to support and substantiate your statement.
  3. Get permission when appropriate. Many advertisements use images, celebrity endorsements, or other forms of marketing tools to appeal to a broad consumer base. If you plan to use any
  4. Don’t exaggerate. Keep your ads free from verbiage that oversells your service or product. Exaggerating the capabilities of your product can lead to misunderstandings for the customer.

The creation and use of false advertisements can leave your business vulnerable to criminal prosecutions or private litigation. It’s best to follow industry standards for developing honest advertisements that adhere to state and federal laws.


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