Advertising’s purpose is to convince consumers to buy the advertiser’s product or service. While advertising is often creative and fun, it can also sometimes cross the line into false advertising that misleads consumers and distorts fair competition. The law requires that advertisers tell the truth.
This educational resource library shares advertising law basics, including common terms like ‘puffery,’ and helps to draw the line between truthful and misleading advertising.
This playlist includes multiple videos outlining some advertising law basics. Want to take a deeper dive? Learn more about each 101 advertising law topic by listening to the coordinating Ad Watchers episode.
- Who Makes the Rules
- The Reasonable Basis Standard
- Clear & Conspicuous Disclosures
- Express & Implied Claims
- Endorsements & Testimonials
- Health Claims in Advertising
Watch them one-by-one or select the ad law topics most relevant to you. Watch the full playlist on YouTube here.
The Ad Watchers
The monthly Ad Watchers podcast, brought to you by the National Advertising Division (NAD) of BBB National Programs, provides listeners with behind-the-scenes access to the nitty-gritty of advertising law. Why? Because advertising law is simple, it’s the execution that’s hard.
NAD attorneys break down common advertising practices to reveal the complexity of keeping claims truthful and accurate. Hosts will answer questions like, ‘what makes a disclosure easy to notice, read, and understand?’ and ‘where is the line between opinion and fact?’ with real-life case examples from NAD.
- Ep. 1: Who’s making these advertising rules?
- Ep. 2: What does it mean to have a reasonable basis?
- Ep. 3: What’s the recipe for a proper advertising disclosure?
- Ep. 4: How do we step into the shoes of the consumer?
- Ep. 5: The best podcast ever – what is puffery?
- Ep. 6: When are advertisers responsible for consumer ratings and reviews?
- Ep. 7: What evidence do you need to support health claims?
- Ep. 1: How can you avoid the grey areas of green claims?
- Ep. 2: How do you get consumer perception surveys right?
- Ep. 3: What should you consider before making cosmetic claims?
- Ep. 4: How should you present scientific evidence to support your ad claims?
- Ep. 6: How is direct selling advertising different?
- Ep. 7: Where is the line between ethical design and dark patterns?
This playlist includes all Ad Watchers Season #1 episodes and is being updated regularly with episodes from Season #2. Watch them one-by-one or cherry pick your favorite topics. Watch the full playlist on YouTube here.
Tips and Advice from NAD
The National Advertising Division wants to help you navigate advertising law. We share our insights with tips, guidance, and case trends to help you address the advertising challenges you face.
Misleading Endorsements and Testimonials May Lead to Civil Penalties
Avoid Misleading Messages When Advertising Medical Devices
5 Tips: How to Successfully Use Product Reviews in Advertising
Truth-in-Advertising: Who Makes the Rules?
Call to Action: Improve Green Marketing and Avoid Greenwashing
Substantiating Advertising Claims in Three Steps: A How-To Checklist for Advertisers
Six Tips to Properly Advertise Your Health and Wellness Claims
5 Tips for Truthful and Transparent Influencer Marketing and Product Reviews
Learning from Cases
Advertising law case decisions are packed with information. Each case decision contains real-world guidance on important advertising issues. Read case summaries in the Case Decision Library for up-to-date guidance on advertising law. Want a deeper dive? Subscribe to the Online Archive to access full legal decisions with detailed guidance spanning decades of case decisions across our programs.
Subscribe to the Weekly Case Digest – a weekly email outlining the cases published that week.
The best way to avoid issues with advertising law is to follow the rules.
Guidelines for Advertising to Children
Guidelines for Food and Beverage Advertising to Children
Guidance on Direct-Selling Earnings Claims