1. What makes it deceptive?
2. How is it unfair?
3. What is the basis for their claim?

To determine whether it is deceptive or unfair, the point of view of a reasonable consumer is taken. It may be considered deceptive of unfair if it misleads the consumer in deciding on whether to buy a certain product. It must not imply anything that it cannot substantiate with scientific evidence that is both reliable and competent.

Free items are promotional devices used to attract customers. When a product has a free offer, the price of the pruchased product must not be increased from its regular price. Besides that, if a product is “free” or offered at a lower cost along with the purchase of another item, the advertisement must clearly disclose all terms and conditions of the promotion. Important information like terms affecting the offer’s cost must be placed near the advertised price.

Advertisements promoting rebates should state the before-rebate price and the amoung of the rebate. This way, consumers have the information they need to make comparisons. Rebate ads should also disclose other conditions and terms including additional fees and when consumers should expect to receive the rebate.

The Fair Credit Reporting Act requires that consumer reporting agencies (CRAs), such as credit bureaus and resellers of consumer reports should provide information to its creditors, employers, insurers, and others, do so with due regard for the confidentiality, accuracy, and legitimate use of such data. When those parties take adverse action on the basis of information in a credit report, they must identify the CRA that provided the report so that the consumer can learn how to get a copy to verify or question its accuracy and completeness. Creditors and others may not knowingly provide false information to CRAs, which are required to maintain reasonable procedures to guarantee the maximum possible accuracy of their data.

(Source:FTC.gov)

It’s delusory to misrepresent either directly or indirectly,  that a product offers a general environmental benefit. Your ads should qualify broad environmental claims  or should avoid them altogether  to prevent deception about the specific nature of the benefit. Furthermore, your ads shouldn’t imply significant environmental benefits if the benefit isn’t significant. For example, a trash bag is labeled “recyclable” without qualification. Because trash bags ordinarily are not being separated from other trash for recycling from a landfill or incinerator, it is unlikely that they will be used again. Technically, the bag may be “recyclable,” but the claim is deceptive because it asserts an environmental benefit where there is no remarkable or meaningful benefit.

(Source:FTC,gov)

The FTC’s regulations on endorsements state that all endorsements made by celebrities or experts should reflect his or her honest opinion or experience of the product, and not just the experience of a few satisfied customers. The endorsement should not contain any deceptive, unsubstantiated representations. The ad must also disclose if consumers can expect the same results or limited results as the endorser’s experience.

For expert endorsements, the endorser must meet certain qualifications before he or she is considered an expert in the field. Simply being an expert, however, isn’t enough. There has to be an actual evaluation or product testing other experts would normally conduct to support the concludes made in the expert endorsement.

Enormous amounts of talent can be found in the advertising workforce. They are involved in the conceptualization, graphic design, lay outing, and other creative works to formulate an ad campaign.

Laws are now being passed and approved in order to put a stop to this practice. Some states have placed hefty fines on those found guilty of sending unsolicited e-mails. Collecting of e-mail addresses or opening multiple e-mail addresses for the purpose of sending unsolicited e-mails is also being prohibited.

Advertising must be truthful and not deceptive and advertisers must be able to back up any claims with evidence.

A deceptive ad usually contains a statement or omits information that is important to the buying decision and is apt to mislead consumers. A health or safety claim must be proven by reliable scientific evidence before the running the ad.

If an ad could possibly cause substantial consumer injury that cannot be avoided, and is not compensated by the product’s benefits, it is deemed as unfair.

Ads which include product guarantees, refunds and exchange policies, are closely monitored by federal and state regulations. This also includes product claims that consumers cannot easily evaluate on their own.