Advertising Claims & Digital Disclosures

Why this matters for your business

The FTC Act prohibits unfair or deceptive advertising. In practice, this means every objective claim you make about your product or service needs to be truthful and backed by adequate evidence. At the same time, any material information a consumer needs to evaluate your offer must be clearly disclosed.

For digital businesses, the challenge is amplified. Ads on social media, email, mobile, and web all have different format constraints — and the FTC expects disclosures to work within every medium where you advertise.

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Areas we focus on

• Performance and efficacy claims about your product or service
• Comparative claims against competitors
• Scientific or clinical references
• Required disclosures for material terms, conditions, and limitations
• Disclosure placement and formatting across digital channels
• "Free" offers, guarantees, and conditional terms
• Native advertising and sponsored content labeling

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Common issues we find

• Claims that lack adequate substantiation
• Disclosures placed too far from the relevant claim
• Disclosures that are too small, too brief, or not visible on mobile
• "Free" offers with material conditions that aren't clearly disclosed
• Comparative claims without supporting data
• Native ads or sponsored content that aren't clearly labeled

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How we help

We review your advertising claims across channels, assess whether they have adequate substantiation, and evaluate whether your disclosures meet the FTC's "clear and conspicuous" standard. Our recommendations cover specific changes to claims, disclosure language, placement, and formatting.