Identifying and Reporting Unfair, Misleading, and Deceptive Ads and Marketing

Identifying and Reporting Unfair, Misleading, and Deceptive Ads and Marketing

Recent years have seen an increase in the amount and type of marketing of unhealthful foods and beverages to children and teens. Some of these marketing campaigns may violate federal laws against deceptive or unfair practices.

Researchers and advocates can help limit the marketing of unhealthy foods to youth by referring examples of deceptive or unfair marketing to the Federal Trade Commission (FTC). The FTC enforces federal laws against such advertising and marketing practices in all media, including television, radio, print, websites, mobile phones, and even word of mouth. Because the FTC has a small staff relative to its responsibilities, it relies on the public to bring violations to its attention.

By bringing examples of these practices to the FTC’s attention, we can help the agency bring cases that could set strong precedents limiting the marketing of unhealthful foods to young people. This memorandum informs researchers and advocates about how to identify deceptive or unfair marketing practices, and the kinds of activities that the FTC has found deceptive or unfair, and outlines how to bring a matter to the attention of the FTC.

For information about how to work with state attorneys general (AGs) to help limit the marketing of unhealthy foods to youth, be sure to check out our series of fact sheets on State Attorneys General as Potential Allies in Childhood Obesity Prevention.