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Question
How does the FTC decide what cases to bring?
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The FTC weighs several factors, including:
FTC jurisdiction. Although the FTC has jurisdiction over 
ads for most products and services, Congress has given 
other government agencies the authority to investigate 
advertising by airlines, banks, insurance companies, 
telephone and cable companies, and companies that sell 
securities and commodities. 
The geographic scope of the advertising campaign. The FTC 
concentrates on national advertising and refers local 
matters to state, county or city agencies. 
The extent to which an ad represents a pattern of 
deception, rather than an individual dispute between a 
consumer and a business or a dispute between two 
competitors. State or local consumer protection agencies or 
private groups such as the Better Business Bureau (BBB) 
often are in a better position to resolve disputes 
involving local businesses or local advertising. To get the 
address and phone number of your state attorney general's 
office, your local consumer agency, or the nearest BBB, 
check your telephone directory or the Consumer's Resource 
Handbook. 
The amount of injury -- to consumers' health, safety, or 
wallets -- that could result if consumers rely on the 
deceptive claim. The FTC concentrates on cases that could 
affect consumers' health or safety (for example, deceptive 
health claims for foods or over-the-counter drugs) or cases 
that result in widespread economic injury.
 
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Question
What kind of advertising claims does the FTC focus on?
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The FTC pays closest attention to:
ads that make claims about health or safety, such as: 
"ABC Sunscreen will reduce the risk of skin cancer."
"ABC Water Filters remove harmful chemicals from tap water."
"ABC Chainsaw's safety latch reduces the risk of injury."
ads that make claims that consumers would have trouble 
evaluating for themselves, such as: 
"ABC Refrigerators will reduce your energy costs by 25%."
"ABC Gasoline decreases engine wear."
"ABC Hairspray is safe for the ozone layer."
Ads that make subjective claims or claims that consumers 
can judge for themselves (for example, "ABC Cola tastes 
great") receive less attention from the FTC.
 
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Question
My company offers a money-back guarantee. Very few people 
have ever asked for their money back. Must we still have 
proof to support our advertising claims?
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Yes. Offering a money-back guarantee is not a substitute 
for substantiation. Advertisers still must have proof to 
support their claims.
 
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Question
What kind of evidence must a company have to support the 
claims in its ads?
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Before a company runs an ad, it has to have a "reasonable 
basis" for the claims. A "reasonable basis" means objective 
evidence that supports the claim. The kind of evidence 
depends on the claim. At a minimum, an advertiser must have 
the level of evidence that it says that it has. For 
example, the statement "Two out of three doctors recommend 
ABC Pain Reliever" must be supported by a reliable survey 
to that effect. If the ad isn't specific, the FTC looks at 
several factors to determine what level of proof is 
necessary, including what experts in the field think is 
needed to support the claim. In most cases, ads that make 
health or safety claims must be supported by "competent and 
reliable scientific evidence" -- tests, studies, or other 
scientific evidence that has been evaluated by people 
qualified to review it. In addition, any tests or studies 
must be conducted using methods that experts in the field 
accept as accurate.
 
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Question
How does the FTC determine if an ad is deceptive?
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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.
 
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Question
What makes an advertisement unfair?
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According to the Federal Trade Commission Act and the FTC's 
Unfairness Policy Statement, an ad or business practice is 
unfair if:
it causes or is likely to cause substantial consumer 
injury; 
which a consumer could not reasonably avoid; 
and it is not outweighed by the benefit to consumers.
 
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Question
What makes an advertisement deceptive?
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According to the FTC's Deception Policy Statement, an ad is 
deceptive if it contains a statement -- or omits 
information -- that:
is likely to mislead consumers acting reasonably under the 
circumstances; and 
is "material" -- that is, important to a consumer's 
decision to buy or use the product.
 
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Question
How do I know I'm reaching my target audience?
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To improve your ability to reach your target audience, 
consider using demographic, geographic, or psychographic 
profiles.
 
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Question
What factors should be considered when choosing a media 
vehicle?
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There are six factors to consider when choosing a media 
plan. Factors such as budget, target audience, and sales 
objectives.
 
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Question
What's more important: reach or frequency?
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Both are important, your marketing plan and sales 
objectives should dictate the level of each.
 
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Question
How to  make certain that my ad will pull?
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While there are creative factors that influence ad 
effectiveness, marketing considerations should also be 
considered.
 
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Question
How to  evaluate the efficiency of different media?
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The true evaluative tool to compare the efficiency of one 
medium to another is cost per thousand or CPM.
 
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