Nimble Marketing Law Library A maintained reference for founders

FTC — Deceptive Acts & Efficacy Substantiation (§5)

15 USC §45
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FTC §5 prohibits unfair or deceptive acts in advertising. For efficacy claims this means an advertiser must hold "competent and reliable scientific evidence" before making the claim. "Clinically proven" / "scientifically proven" language and unsubstantiated efficacy superlatives ("miracle", "guaranteed", "most effective") are deceptive unless the advertiser can cite the supporting evidence. What it means for you: either cite the study behind a proof claim or soften the language to something substantiable ("designed to support", "many customers report"). This is a reference summary, not legal advice — confirm with counsel.

Jurisdiction
United States (Federal) (federal)
Citation
15 USC §45
Severity
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Corpus version
v1-929074c7ba3b

Applies to (categories)

Supplements

Applies to (channels)

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Confirm with counsel Reference summary only — not legal advice. Confirm applicability and any required disclosure language with counsel.