Guide · Business

Advertising and Marketing Law: A Comprehensive Guide to Substantiation, Endorsements, and Disclosures

15 U.S.C. § 45

Type
Guide
Jurisdiction
National
Date
2025-02-21
Topic
Business

This guide is an operating manual for anyone who writes, approves, or challenges advertising. It sets out the deception and unfairness standards in element form, then treats substantiation as the discipline it actually is, with evidence expectations by claim type. Separate parts address disclosures, endorsements and influencer marketing, comparative advertising and the competitor suit, pricing and negative-option offers, environmental and origin claims, and interface design practices regulators treat as unfair. Enforcement is covered by channel, from FTC civil investigative demands through self-regulatory challenges and state UDAP class actions. The guide closes with review-process design, a claim register structure, recordkeeping standards, and a response protocol for demand letters, warning letters, and platform takedowns. Every rule is stated so a marketer can apply it and a lawyer can defend it.

Advertising and Marketing Law: A Comprehensive Guide to Substantiation, Endorsements, and Disclosures

Business > Advertising and Marketing Law | Published 21 February 2025 - Updated 26 August 2026 | UpLaw - uplaw.us

How to Use This Guide

Advertising review answers four questions in order:

  1. What does this ad communicate — expressly and by implication — to a reasonable consumer?
  2. Which of those messages are objective claims rather than puffery?
  3. What evidence do we have, right now, for each claim, and does it match the claim's strength?
  4. What must be disclosed, and will the consumer actually see it before deciding?

The full text of this document is available to Executive subscribers and above. See plans.