‘White lies’ of advertisers might not be so little

George Worcester of Cumberland writes, “Is there anything you can do about advertisers that claim their product is the ‘best this’ or the ‘fastest that’ with no proof that their claims are true? These hokey ads drive me nuts.”

Well, George, we feel your pain. Every day we are assaulted by an endless string of claims, assuming we are protected by law from falsehoods. That assumption, like so many others that lead us to believe government is there to protect us, might not be true. 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. A claim can be misleading if relevant information is left out or the claim implies something that’s not true. For example, a lease advertisement for an automobile that promotes “No Money Down” might be misleading if significant, undisclosed charges are due at lease signing.

Claims must be substantiated, especially when they concern health, safety or performance. The type of evidence will 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 be able to prove it.

Sellers are responsible for claims they make. Third parties, such as advertising agencies, Web site designers, or catalog marketers, might also be liable for making 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 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 a deceptive claim 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 a certain lawyer’s name? Is the Maytag man really bored and without anything to do?

Truth in advertising laws are, like many other issues involving government, 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. Downsizing has reduced the resources of many federal agencies, so there are not enough “cops on the block” to catch and prosecute perpetrators.

So, George, claims that a product is “best” or “fastest” usually fall into the “harmless puffery” category. They are little white lies. The bottom line is … we are on our own. 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.

But you still have the power of your pen and pocketbook. You can report what you feel are deceptive or misleading advertisements to COMBAT so suspicious claims may be investigated and shared through Consumer Forum. Better yet, you can just refuse to buy the product if a claim seems exaggerated or misleading.

For help and information write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.