Salvar I can give you a long list of people that are sitting in prison for marketing fraud so it's not a joke. Some of the terms for some odd reason are very long like the McCorkle's........both the husband and wife each got about 25 years and the fines are not small change with the Enzyte guy being fined $500M. Yes there is big money in marketing fraud and enticing people with lies so the lure is always there for many who only live for money.
I have dozens of documents that can back this all up. The law is very specific at least in the States and it's important that this is all pointed out as without doing so puts the forum itself at risk as you are using it as a conduit to market. The marketers themselves probably deserve what they get...................if you take the risk you pay the price.
Advertising and Marketing on the Internet: Rules of the Roadhttp://business.ftc.gov/sites/defau...rtising-and-marketing-internet-rules-road.pdf[/url]
The Internet is connecting advertisers and marketers to customers from Boston to Bali with text, interactive graphics, video and audio. If you're thinking about advertising on the Internet, remember that many of the same rules that apply to other forms of advertising apply to electronic marketing. These rules and guidelines protect businesses and consumers - and help maintain the credibility of the Internet as an advertising medium. The [url=http://www.ftc.gov/index.html]Federal Trade Commission (FTC) has prepared this guide to give you an overview of some of the laws it enforces.
[align=center] [/align][align=center]Advertising must tell the truth and not mislead consumers.[/align] [align=center]In addition, claims must be substantiated.[/align]
General Offers and Claims Products and Services
The Federal Trade Commission Act allows the FTC to act in the interest of all consumers to prevent deceptive and unfair acts or practices. In interpreting Section 5 of the Act, the Commission has determined that a representation, omission or practice is
deceptive if it is likely to:
- mislead consumers and affect consumers' behavior or decisions about the product or service.
In addition, an act or practice is unfair if the injury it causes, or is likely to cause, is:
- substantialnot outweighed by other benefits andnot reasonably avoidable.
The FTC Act prohibits unfair or deceptive advertising in any medium. That is, advertising must tell the truth and not mislead consumers. A claim can be misleading if relevant information is left out or if the claim implies something that's not true. For example, a lease advertisement for an automobile that promotes "$0 Down" may be misleading if significant and undisclosed charges are due at lease signing.
In addition, claims must be substantiated, especially when they concern health, safety, or performance. The type of evidence may depend on the product, the claims, and what experts believe necessary. If your ad specifies a certain level of support for a claim - "tests show X" - you must have at least that level of support.
Sellers are responsible for claims they make about their products and services. Third parties - such as advertising agencies or website designers and catalog marketers - also may be liable for making or disseminating deceptive representations if they participate in the preparation or distribution of the advertising, or know about the deceptive claims.
- Advertising agencies or website designers are responsible for reviewing the information used to substantiate ad claims. They may not simply rely on an advertiser's assurance that the claims are substantiated. In determining whether an ad agency should be held liable, the FTC looks at the extent of the agency's participation in the preparation of the challenged ad, and whether the agency knew or should have known that the ad included false or deceptive claims.To protect themselves, catalog marketers should ask for material to back up claims rather than repeat what the manufacturer says about the product. If the manufacturer doesn't come forward with proof or turns over proof that looks questionable, the catalog marketer should see a yellow "caution light" and proceed appropriately, especially when it comes to extravagant performance claims, health or weight loss promises, or earnings guarantees. In writing ad copy, catalogers should stick to claims that can be supported. Most important, catalog marketers should trust their instincts when a product sounds too good to be true.
Other points to consider:
- Disclaimers and disclosures must be clear and conspicuous. That is, consumers must be able to notice, read or hear, and understand the information. Still, a disclaimer or disclosure alone usually is not enough to remedy a false or deceptive claim.Demonstrations must show how the product will perform under normal use.Refunds must be made to dissatisfied consumers - if you promised to make them.Advertising directed to children raises special issues. That's because children may have greater difficulty evaluating advertising claims and understanding the nature of the information you provide. Sellers should take special care not to misrepresent a product or its performance when advertising to children. The Children's Advertising Review Unit (CARU) of the Council of Better Business Bureaus has published specific guidelines for children's advertising that you may find helpful.
