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 Ohio, as in all states, advertising claims must adhere to the regulations set forth by the Federal Trade Commission (FTC). This means that all claims in advertisements must be truthful, not misleading, and substantiated by evidence. The FTC Act prohibits deceptive or unfair business practices, which includes advertising that is likely to mislead consumers. For certain products or services, there may be additional specific regulations that govern advertising practices. When it comes to endorsements, the FTC's Endorsement Guides require that any material connections between an endorser and the marketer of a product or service be clearly and conspicuously disclosed. This is particularly relevant for social media influencers or anyone else who has a relationship with the brand they are promoting, such as a family connection to the owner. Failure to disclose these connections can be considered deceptive under the FTC Act. Ohio businesses and influencers must comply with these federal guidelines to ensure their advertising practices are legally sound.