Additionally, the FTC’s policy on deceptive advertising says that the deceptive practice must be material, meaning it would influence consumer’s purchasing decisions. This commercial is found to be material because their claims – including statements saying their product produces a “thicker, richer lather than ordinary shampoos for longer, deeper cleaning” – would make consumers want to buy their product, thus influencing their purchasing …show more content…
The FTC Policy Statement says that advertisers must be prepared to substantiate claims with competent, reliable scientific evidence, and that the Commission plans to continue legal requirements enforcing advertisers to substantiate “express and implied claims, however conveyed, that make objective assertions about the item or service advertised.” The express claim in this commercial, which tells consumers that Highlites is a better brand of shampoo and lathers better than other brands, is obviously false. Because the test was not completed with a true “other brand” of shampoo, Rosewood has no substantiation to their claim. They cannot back up the claim because there was no accurate test, and the FTC statement says that a firm’s failure to possess a reasonable basis for objective claims “constitutes [as] an unfair and deceptive act or practice in violation of section 5 of the Federal Trade Commission