What This Covers
- Truth-in-advertising requirements
- Limits on health and medical claims
- Pricing, discounts, and promotion rules
- Influencer and paid endorsement disclosures
- Enforcement authority
Truthful Advertising Standards
All advertising must be accurate and easy to understand.
- Claims must be truthful and not misleading
- Advertising must not exaggerate benefits or omit key facts
- Claims must be supported by reliable evidence
- Fine print cannot contradict the main message
These rules apply to:
- Websites and menus
- Social media posts
- In-store signage and displays
- Emails, texts, and ads
Health and Medical Claims
Stricter rules apply to claims about health or effects.
- You may not make medical or health claims unless:
- They are scientifically proven
- They comply with FDA and FTC standards
- Unsubstantiated health claims are prohibited
- Implied claims can be treated the same as explicit claims
Violations often trigger federal enforcement.
Pricing and Promotions
Pricing information must be clear and honest.
- Prices, discounts, and promotions must be explained plainly
- No bait-and-switch tactics
- No hidden conditions or misleading fine print
- Promotional terms must match what is actually offered
Influencers and Paid Endorsements
Paid relationships must be disclosed clearly.
- Influencers must disclose paid partnerships
- Disclosures must use clear language such as:
- “Paid Partnership”
- “Sponsored”
- Disclosures must be easy to see and understand
- Both the business and influencer are responsible for compliance
Enforcement and Oversight
Identifies the enforcing authority.
- Enforcement agency: Federal Trade Commission (FTC)
- FTC enforces advertising rules across:
- Online and digital marketing
- Print and in-store advertising
- Influencer and endorsement content
Violations may result in fines, legal action, or public enforcement notices.
What Operators Usually Miss
- Menus and websites are treated as advertising
- Influencer posts are regulated the same as ads
- “Wellness” language can still be misleading
When This Comes Up
- Launching marketing campaigns
- Updating websites or menus
- Running promotions or discounts
- Working with influencers or partners
What Happens If You Ignore This
- FTC investigations
- Monetary penalties
- Forced changes to advertising
- Public enforcement actions
Related Pages
- Cannabis-Derived Product Rules
- Text Message and Call Compliance Rules
- Packaging & Labeling
- Consumer Rights & Protections
- Federal Requirements Overview
Source Material