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UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION WASHINGTON, D.C. 20580
TO: INTERNET ADVERTISER
FROM: FEDERAL TRADE COMMISSION
RE: HEALTH CLAIMS MADE ON THE INTERNET
The Federal Trade Commission (FTC), its federal and state law enforcement partners, and
public health and consumer protection agencies from Mexico and Canada are sending you (and
hundreds of other Internet advertisers) this message based upon a review of the promotion
you disseminated through the Internet. The FTC and its partners have NOT determined
whether your Internet promotion violates United States federal or state laws, Mexican law,
or Canadian law. Nevertheless, we want to remind you that when you make health claims in
promoting a product, service, or treatment, those claims must be truthful and
non-deceptive. Deceptive Acts or Practices Are Unlawful under the FTC Act In the United
States, Section 5 of the FTC Act (15 U.S.C. §*45), prohibits deceptive acts or practices
in or affecting commerce. In addition, Section 12 of the Act (15 U.S.C. §*52) prohibits
the dissemination of any false advertisement to induce the purchase of any food, drugs, or
devices. An advertisement is misleading and deceptive if the advertiser makes an objective
claim, either expressly or by implication, including through the use of consumer
testimonials, without a *reasonable basis* to support that claim. As set out in the
Commission's Advertising Substantiation Policy Statement, advertisements that specify the
level of substantiation that the advertiser possesses (e.g., *tests prove* or *studies
show*) must be supported by at least that level of evidence. If the advertisement does not
specify a particular type of substantiation, the Commission considers several factors in
determining the appropriate level of substantiation. Typically, claims on the Internet
must be substantiated by competent and reliable scientific evidence. Competent and
reliable scientific evidence is defined as tests, analyses, research, studies, or other
evidence based on the expertise of professionals in the relevant area, that has been
conducted and evaluated in an objective manner by persons qualified to do so, using
procedures generally accepted in the profession to yield accurate and reliable results.
Anecdotal evidence and consumer testimonials are not considered competent and reliable
scientific evidence. You may want to review your advertisement in light of these
standards. You may also wish to consult the FTC*s Web site at *http://www.ftc.gov* for
further information. If you wish to contact us, please do so via e-mail at
health-claims@ftc.gov. Possible Violations in Other Jurisdictions Unfair or deceptive acts
or practices are also unlawful under various state statutes in the United States. The
standards under these statutes may be different from those of the FTC*s. In addition, by
placing an Internet site on the World Wide Web, you may be subject to scrutiny in other
countries where you sell your products. You should be aware that many countries, including
Mexico and Canada, also have laws that generally require advertisements to be truthful and
non-deceptive.
