Advertising Law: A Comprehensive Guide to the FTC Act and Lanham Act

50 questions on advertising law, answered and cited by the UpLaw editorial team.

• Can an individual consumer sue for false advertising under federal law?
• Can the FTC bring a case when the advertiser never said anything false?
• Can the FTC find an implied advertising claim without a consumer survey?
• Can the FTC require a specific number of clinical trials to substantiate future claims?
• Does a “results not typical” disclaimer protect a testimonial showing atypical results?
• Does DSHEA let dietary-supplement marketers make health claims without substantiation?
• Does putting the truth in fine print or the ingredient list protect an advertiser?
• Does the FTC have to prove that consumers were actually deceived or lost money?
• How did AMG Capital change the FTC's ability to recover money?
• How do courts decide whether a statement is puffery or a factual claim?
• How much substantiation does the FTC require for an advertising claim?
• How must an influencer disclose a paid brand partnership?
• Is a brand liable for claims made by its paid influencers?
• Is comparative advertising legal in the United States, and what are its risks?
• Is FDA compliance a defense to a Lanham Act false-advertising claim?
• Is the FTC's “click-to-cancel” rule in effect?
• Is truth a defense to a lack of substantiation?
• What are the FTC Endorsement Guides, and what changed in the 2023 revision?
• What are the FTC's rules for advertising sale prices, reference prices, and “free”?
• What are the two main federal laws that govern false advertising in the United States?
• What defenses actually work against a false-advertising claim?
• What did Pizza Hut v. Papa John's decide about “Better Ingredients. Better Pizza.”?
• What does “competent and reliable scientific evidence” mean for health claims?
• What does Section 12 of the FTC Act cover?
• What do the FTC's Green Guides require for environmental marketing claims?
• What injunctive relief and corrective-advertising damages can a Lanham Act plaintiff get?
• What is a “dark pattern,” and how does the FTC regulate it?
• What is an establishment claim, and how does it change the plaintiff's burden?
• What is “falsity by necessary implication” in advertising litigation?
• What is puffery, and why isn't it actionable?
• What is ROSCA, and why is it so dangerous for subscription businesses?
• What is the difference between an FTC advertising case and a Lanham Act false-advertising case?
• What is the difference between literal falsity and implied falsity in a Lanham Act case?
• What is the FTC's 2024 Rule on Consumer Reviews and Testimonials?
• What is the FTC's prior-substantiation doctrine?
• What is the FTC's standard for a “Made in USA” claim?
• What is the FTC's three-part test for deceptive advertising?
• What is the NAD, and why would a company use it instead of federal court?
• What is the “net impression” doctrine in advertising law?
• What is the “reasonable consumer” standard in false-advertising law?
• What is the “unfairness” standard under Section 5(n) of the FTC Act?
• What kinds of evidence do NOT count as substantiation for a health claim?
• What lets an implied-falsity plaintiff avoid the survey requirement?
• What monetary damages can a competitor recover under the Lanham Act?
• What must a plaintiff prove for a Lanham Act false-advertising claim?
• What state laws let consumers bring false-advertising claims?
• When does a disclaimer or disclosure fail to cure a misleading ad?
• When does a Lanham Act false-advertising plaintiff need a consumer survey?
• When is an advertising claim “material” under FTC law?
• Who can sue for false advertising under Lanham Act Section 43(a) after Lexmark?