Consumer not always safe from false ads Differences exist between law, reality

Every day you are assaulted by an endless string of advertising claims. Most of us assume that we are protected by law from deceptive or unfair ads. But that assumption, like so many others that lead us to believe that government is there to protect us, may not be true. First let’s look at what federal regulations say.

The Federal Trade Commission Act says that a representation, omission or practice is “deceptive” if it has the capacity to mislead consumers and affect their behavior or decisions about the product or service. An act or practice is “unfair” if the injury it causes, or is likely to cause, is substantial, not outweighed by other benefits, and not reasonably avoidable.

Advertising must tell the truth and not mislead consumers. A claim can be misleading if relevant information is left out or if the claim implies something that’s not true. For example, a lease advertisement for an automobile that promotes “$0 Down” may be misleading if significant and undisclosed charges are due at lease signing.

Claims must be substantiated, especially when they concern health, safety or performance. The type of evidence may depend on the product, the claims, and what experts believe is necessary. For example, if an ad specifies a certain level of support for a claim (“tests show X”), the advertiser must have at least that level of support.

Sellers are responsible for claims they make about their products and services. Third parties, such as advertising agencies or Web site designers and catalog marketers, also may be liable for making or disseminating deceptive representations if they participate in the preparation or distribution of the advertising, or know about the deceptive claims. Disclaimers and disclosures must be clear and conspicuous. That is, consumers must be able to notice, read or hear, and understand the information. Still, a disclaimer or disclosure alone usually is not enough to remedy a false or deceptive claim. Demonstrations must show how the product will perform under normal use.

Now to the reality. Identifying an advertising claim as deceptive is one thing, doing something about it is another. Only the most outrageous examples are prosecuted while the “little white lies,” half-truths, and “pufferies” (inflated representations) we hear and see daily go unchallenged. Is Bounty, for example, “the quicker picker-upper”? Do miscreants really shudder and say, “Let’s settle this one,” when they hear the name “Bornstein”? Is the Maytag man really bored and without anything to do?

In addition, truth in advertising laws and regulations are, like most other issues involving government, at best vague and full of generalizations, loopholes and bureaucratic gobbledygook. Deceptive advertisers often go unpunished, or at best get a slap on the wrist, unless they are the worst offenders. Finally, budget cuts and downsizing have reduced the staff and resources of most federal agencies. There are simply not enough “cops on the block” to catch and prosecute perpetrators.

The bottom line – we are on our own – and despite the millions of dollars spent in Washington and Augusta, it’s still a caveat emptor (let the buyer beware) world and the best defense is a good offense.

You still have the power. You can report what you feel are deceptive or misleading claims to consumer organizations or Consumer Forum so suspicious claims may be investigated and shared. You also can refuse to buy the product or service if a claim seems exaggerated or misleading. That’s the real bottom line.

Now to another subject. Northeast COMBAT and the Maine Center for the Public Interest need experienced secretarial volunteers. If you are within driving distance of our Bangor office and can donate a few hours of your time, call 947-3331.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT/The Maine Center for the Public Interest. For help or for membership information write: Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor 04402-1329.