FTC Finally Defines ‘Unfair'

According to the FTC: "The basic consumer protection statute enforced by the Commission is Section 5(a) of the FTC Act, which provides that "unfair or deceptive acts or practices in or affecting commerce ... are ... declared unlawful." (15 U.S.C. Sec. 45(a)(1)). Safe Web amended Sec. 5(a) "unfair or deceptive acts or practices" to include such acts or practices involving foreign commerce that cause or are likely to cause reasonably foreseeable injury within the United States or involve material conduct occurring within the United States."

Given that view and the FTC's traditionally robust enforcement activities in areas of false, deceptive or misleading advertising, it is not surprising that most advertising, marketing and promotional professionals are familiar with section 5.