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 New Hampshire, as in all states, advertising practices are regulated by both state and federal laws to ensure that claims made in advertisements are truthful, not deceptive or unfair, and are substantiated by evidence. The New Hampshire Consumer Protection Act (RSA 358-A) prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce. This aligns with the Federal Trade Commission (FTC) Act, which requires that advertising must be truthful and non-deceptive, advertisers must have evidence to back up their claims (evidence-based), and advertisements cannot be unfair. Additionally, the FTC's Endorsement Guides provide guidance on the use of endorsements and testimonials in advertising, requiring that any material connections between an endorser and the marketer of a product or service be clearly and conspicuously disclosed. This applies to influencers and anyone with a material connection to a brand, such as a family relationship with the owner. Failure to disclose these connections can lead to enforcement actions by the FTC. It is important for businesses and influencers in New Hampshire to comply with these regulations to avoid legal repercussions.