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 Maine, as in all states, advertising laws are primarily based on the principle that advertisements must be truthful, not misleading, and substantiated by evidence. This is in line with the Federal Trade Commission (FTC) Act, which prohibits deceptive or unfair business practices. The FTC's endorsement guides require that any endorsements or testimonials used in advertising must reflect the honest opinions, findings, beliefs, or experiences of the endorser. Furthermore, if there is a material connection between an endorser and the company whose products or services they are promoting—such as a business or family relationship—this connection must be clearly disclosed in the advertisement. This disclosure requirement also applies to influencers who promote products on social media platforms. The aim is to ensure transparency and allow consumers to make informed decisions based on the knowledge of any potential biases. Failure to comply with these regulations can result in enforcement actions by the FTC, which may include penalties, cease and desist orders, and corrective advertising mandates.