Marketing Senior Specialist
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Therefore, the FTC believes that it is not generally deceptive to fail to disclose when something is a product placement. A guarantee serves to reinforce the advertiser’s promise of performance and will often be treated as a factual claim that must be substantiated. It is not sufficient that the advertiser will in fact refund the purchase price if the product does not perform as advertised. The advertiser must have a reasonable basis for believing that the product will perform as advertised. In addition, certain products are subject to rules requiring that the terms of their warranty must be available before purchase (see FTC Pre-Sale Availability Rule, 16 CFR section 702). Any advertising of such goods that references their warranty must disclose that the warranty document is available for examination prior to purchase .
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The deadline for submitting documents is an average of 6 months; admission is more often carried out in the fall, but sometimes additionally in the spring. First Amendment protection for even commercial speech prohibits government regulation of truthful speech. Consequently, unless speech rises to the level of conduct, such as inciting violence or physical action (eg, crying ‘fire’ in a crowded theatre), there can be no government regulation. Political campaign advertising is not subject to regulation as to truth, and does not have to be substantiated. Endorsements must be truthful, non-deceptive and be substantiated by the advertiser.
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