Over the past year, several companies have entered into high-profile settlements with the FTC over allegations that their products didn’t work as advertised. For example, Skechers agreed to pay $40 million to settle charges that it made unsubstantiated claims about its toning shoes. Although the terms of those settlements provide valuable insights for all advertisers, it’s not always easy to understand how the settlements apply to other products.
Practical Law Company asked me to answer some of the key questions advertisers have about advertising law, including what types of claims need to be substantiated, how much substantiation is required, whether the laws are different for social media, and how to challenge competitors. You can read the questions and answers here.