Above, we’ve identified advertising practices, methods, and product verticals that invite heightened FTC scrutiny; however, even if you are engaged in one of these high-risk areas, you can still avoid FTC investigation by mitigating your risk. Mitigation includes substantiating your product benefit claims, using true and accurate testimonials with adequate disclosures, and other practices as described herein. But another important way to mitigate your risk it to avoid compounding it by coupling high-risk practices. For example, if you are selling a high-risk weight loss supplement, you increase your risk of consumer complaints and FTC investigation by using a subscription billing model or affiliate advertising where you have little oversight on the weight loss claims made by the affiliate. Indeed, most FTC lawsuits are based on a combination of high-risk advertising practices, methods and products, as opposed to just one.
If you have an FTC legal matter, call us at 415-955-1155, ext. 120, or contact one of our FTC defense attorneys directly.