Marketing and Advertising Law: Truth in Advertising

Your marketing needs to be truthful.  A simple thing to say.  It’s much more difficult to put into practice.

Every business markets itself.  Whether that marketing takes the form of magazine advertisements, billboards, social media advertisements, or flyers, your marketing message has to connect with your target market.  And connecting to your target market has to involve more than merely publicizing your name.

Is the Marketing Deceptive?  Whose Perspective Decides?

When you create marketing materials, it’s not a wild west.  There are established rules that have to be followed.

Marketing materials cannot contain, either direct or implied, inaccurate or deceptive claims, statements, illustrations or representations about a product or service.

However, it’s not the intention or perspective of the sender you need to look at when determining if a message is truthful or accurate.  Rather, you have to look at how consumers receive or perceive the message, for example, by looking at the general impression the marketing conveys.

Furthermore, marketing cannot omit relevant information which results in deception.  And information appearing in the footnotes must not contradict more prominent aspects of the message. Read more...