ABSTRACT
Numerous federal and state agencies have the authority to regulate specific categories of commercial speech, but the Federal Trade Commission (FTC) remains the agency most involved on a day-to-day basis in regulating the totality of commercial speech. This chapter provides an overview of FTC history, authority and regulatory practices, particularly those concerned with false or deceptive commercial speech. In addition to examining key provisions of Section 5 of the FTC Act, the chapter summarizes the FTC’s approach to advertising deception, its treatment of “puffery,” or “sales talk,” and its contemporary interest in protecting consumers’ privacy interests. The chapter also covers regulatory schemes managed by the Federal Communications Commission, the Food and Drug Administration and the Securities and Exchange Commission that impact the content and delivery of advertising and public relations messaging.
