Eric R. Moran

Eric R. Moran is a partner at McDonnell Boehnen Hulbert & Berghoff LLP. Reach him at moran@mbhb.com.

Under the FTC Act, advertising must be truthful and non-deceptive, advertisers must have evidence to back up their claims and advertisements cannot be unfair. Ad content is deceptive if it misleads reasonable consumers and is material to a consumer’s decision to purchase a product. An advertisement is unfair if it causes substantial unavoidable injury that is not outweighed by its benefit to consumers.

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