Is a company liable for its “up to” claim?
Well, the federal court says that a reasonable customer would recognize that the use of “up to” should not be taken as a guarantee.
The court used the ‘ceiling’ test as a way to explain that the claim of making up to 210 cups was simply an estimated maximum.
The FTC agreed with the court, but took the opportunity to warn companies to double check their copy.
According to the FTC, in order to substantiate an ‘up to’ claim, you need to ensure that a reasonable amount of consumers are able to achieve the promised results under normal circumstances.
Although it may seem harmless, making an ‘up to’ claim needs to be checked for legal compliance.
Are you able to substantiate your ‘up to’ claims?
Set up an appointment to help your business marketing legally compliant. https://calendly.com/audrey-advertisinglaw/15min
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