Furthermore, in order to ensure claims are truthful any tests or studies conducted to verify the claims that will be made in the advertisement must be conducted using methods that experts in the relevant field accept as accurate. In the situation where an ad makes health or safety claims it must be supported by competent and reliable scientific evidence that has been evaluated by professionals qualified to review the veracity of the claims. For example, the statement “Four out of five dentists recommend BRAND TOOTHPASTE” must be supported by a reliable survey that actually shows that 80% of dentists surveyed actually said that they recommend the particular brand in question. While the kind of evidence that should be present prior to running an ad will depend on the claims being made, an advertiser must at a minimum have the level of evidence that it claims it has in the advertisement. Generally speaking, before a company runs an ad, there should be a reasonable basis (i.e., objective evidence) for the claims made in the advertisement. The FTC will consider an ad deceptive if it contains a statement – or omits information – that is (1) likely to mislead consumers who are otherwise acting reasonably under the circumstances and (2) material to a consumer’s decision to buy or use the product. The FTC will consider an ad to be unfair if it is: (1) likely to cause substantial consumer injury that a consumer could not reasonably avoid and (2) not outweighed by the benefit to consumers. Under the Federal Trade Commission Act advertising must be truthful and non-deceptive, advertisers must have evidence to back up their claims and advertisements cannot be unfair. The claims made by Skechers that were determined to be unsupported related to advertisements that claimed that Shape-ups would help people lose weight, and strengthen and tone their buttocks, legs and abdominal muscles.
agreed to pay $40 million to settle charges that the company deceived consumers by making unfounded claims in a variety of advertisements. Picture © Glenn Francis, month the Federal Trade Commission announced that Skechers USA, Inc. Kim Kardashian's 2011 Super Bowl commercial was among the ads challenged by the FTC.
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