Proving and Disproving Materiality of Deceptive Advertising Claims

To be regulated by the FTC, an advertising claim must be both deceptive and material. Much attention and research has been directed to deception, but almost no study has been done on materiality. However, a recent case has highlighted the need for better understanding of this legal requirement. The authors explore the genesis and evolution of the materiality standard explain the pitfalls awaiting advertisers who try to prove their claims immaterial, and outline several considerations for empirical testing of advertisements.