When it was created in 1914, the FTC’s purpose was to prevent unfair methods of competition in commerce. Over the years, Congress has passed additional laws giving the agency greater authority to police anti-competitive practices and protect consumers from deceptive advertising, including the authority to adopt industry-wide trade regulation rules.

As advertising gravitates toward broader media options, manufacturers, distributors, and marketers face a wave of new legal challenges, including how to develop best practices for e-commerce and online marketing, addressing data security and privacy issues, as well as managing intellectual property and copyright issues.  Bayne & Associates routinely counsels clients on FTC regulation of advertising claims and other business practices, with a focus on managing risks by understanding truth-in-advertising rules; how the FTC determines deception; what constitutes adequate substantiation for product performance claims; the FTC’s position regarding the use of social media, consumer testimonials, and celebrity and expert endorsers in advertising; how to develop adequate disclosures; and related compliance issues.