A Review Of FTC's Current Position On 'Up To' Claims

Law360, New York (October 21, 2013, 11:50 AM EDT) -- For years, the generally accepted principle at the Federal Trade Commission, the Better Business Bureau and the National Advertising Division has been that an “up to" claim (i.e., "save up to 50%," "experience up to a 50% difference") is substantiated if approximately 10 percent of consumers actually experience the touted results. This standard applied whether the "up to" claim was made in connection with a savings/pricing claim or a performance claim. Specifically, the FTC rule has been that an “appreciable” number of consumers under normal purchasing...
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