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 Kansas, as in all states, advertising claims must be truthful, non-deceptive, and evidence-based according to both state and federal laws. The Kansas Consumer Protection Act prohibits deceptive and unconscionable practices in connection with consumer transactions, which includes advertising. At the federal level, the Federal Trade Commission (FTC) Act prohibits unfair or deceptive advertising in any medium. For specialized products or services, such as pharmaceuticals or financial services, there may be additional regulations that govern advertising practices. 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 an endorser and the marketer of a product or service (such as a family relationship or monetary payment) must be clearly and conspicuously disclosed. This requirement also applies to influencers and businesses working with influencers. Failure to comply with these regulations can result in enforcement actions by the FTC or the Kansas Attorney General's Office, which may include penalties, fines, or other legal consequences.