Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules apply. If you use endorsements in your marketing, they must meet the standards of the Federal Trade Commission (FTC) Act and the FTC’s endorsement guides. And if your business works with influencers (often social media influencers), or if you are an influencer yourself, or if you have another material connection to a brand (you’re related to the owner), you must disclose those material connections when promoting the brand, as required by the FTC.
In Illinois, as in all states, advertising claims must adhere to the principles of truthfulness, non-deceptiveness, and evidence-based substantiation, in accordance with the Federal Trade Commission (FTC) Act. This federal law prohibits misleading or unfair business practices and requires that any claims made in advertisements are supported by reliable evidence. For specialized products or services, there may be additional regulations that apply, which could include state-specific consumer protection laws. When it comes to endorsements, the FTC's Endorsement Guides provide the framework that must be followed. These guides require that any material connections between endorsers and the product or service being promoted are clearly and conspicuously disclosed. This applies to influencers and anyone else with a material connection to the brand, such as a family relationship with the owner. Failure to disclose these connections can result in enforcement actions by the FTC. It's important for businesses and influencers operating in Illinois to understand and comply with both federal and any applicable state regulations regarding advertising and endorsements to avoid legal pitfalls.