The FTC looks at the ad from the point of view of 
the "reasonable consumer" -- the typical person looking at 
the ad. Rather than focusing on certain words, the FTC 
looks at the ad in context -- words, phrases, and pictures -
- to determine what it conveys to consumers. 
The FTC looks at both "express" and "implied" claims. An 
express claim is literally made in the ad. For 
example, "ABC Mouthwash prevents colds" is an express claim 
that the product will prevent colds. An implied claim is 
one made indirectly or by inference. "ABC Mouthwash kills 
the germs that cause colds" contains an implied claim that 
the product will prevent colds. Although the ad doesn't 
literally say that the product prevents colds, it would be 
reasonable for a consumer to conclude from the 
statement "kills the germs that cause colds" that the 
product will prevent colds. Under the law, advertisers must 
have proof to back up express and implied claims that 
consumers would take from an ad. 
The FTC looks at what the ad does not say -- that is, if 
the failure to include information leaves consumers with a 
misimpression about the product. For example, if a company 
advertised a collection of books, it would be deceptive if 
the ad did not disclose that what consumers actually would 
receive were abridged versions of those books. 
The FTC looks at whether the claim would be "material" -- 
that is, important to a consumer's decision to buy or use 
the product. Examples of material claims are 
representations about a product's performance, features, 
safety, price, or effectiveness. 
The FTC looks at whether the advertiser has sufficient 
evidence to support the claims in the ad. The law requires 
that advertisers have proof before the ad runs.