Conor Meyers — Co-Founder & Business AttorneyHas built and run businesses; advises owners on contracts, transactions, and risk. About Conor →

An advertising claim you can't back up isn't marketing — it's a liability with a call to action.

Marketing exists to make claims and attract customers — but advertising is legally regulated, and marketing that crosses the line can create real liability. False or unsubstantiated claims, improper endorsements, and use of others’ intellectual property are all sources of legal risk that businesses often overlook in the rush to promote. Managing this risk doesn’t mean timid marketing; it means marketing that’s honest, substantiated, and compliant. This guide explains the main legal risks in marketing and advertising and how to keep your promotion effective without inviting trouble. It is general information, not a substitute for advice on specific campaigns.

We help businesses get this right from the start. This is general information, not advice on a specific situation.

An advertising claim you can’t back up is a liability with a call to action.

Truthful, substantiated claims

The core rule of advertising law is that claims must be truthful and not misleading, and objective claims generally must be substantiated — backed by adequate evidence — before they’re made. The Federal Trade Commission’s guidance on ftc.gov reflects this expectation. This applies to claims about performance, results, comparisons, and superiority. Marketing that promises results you can’t support, exaggerates beyond the evidence, or omits material information can be deceptive and create liability. The discipline is simple in principle: don’t say it in your advertising unless it’s true and you can back it up. Honest, evidence-based claims are both compliant and more durable.

Honest, substantiated marketing is also the lowest-risk marketing.

Endorsements, testimonials, and reviews

Endorsements and testimonials are powerful marketing tools with specific legal rules. Broadly, endorsements must reflect honest opinions and experiences, and material connections between an endorser and the business — such as payment or free products — generally must be disclosed. The FTC’s guidance on ftc.gov addresses these disclosure expectations, which extend to influencer marketing and how reviews are solicited and presented. Failing to disclose paid or incentivized endorsements, or using fake or misleading reviews, is a recognized source of legal risk. Using testimonials and endorsements honestly, with proper disclosures, keeps this effective tactic on the right side of the line.

Respecting others' intellectual property

Marketing frequently uses images, music, text, and other content — and using someone else’s intellectual property without permission can lead to infringement claims. This includes copyrighted images and music, others’ trademarks, and content you don’t have rights to. As the Legal Information Institute’s overview of law.cornell.edu reflects in the licensing context, using protected material generally requires permission or a proper license. Businesses should ensure they have rights to everything in their marketing — using properly licensed or original content — and avoid implying false associations with other brands. Respecting IP in marketing prevents a common and avoidable source of legal exposure.

Building marketing compliance in

Managing marketing legal risk is best handled as an ongoing practice, not a scramble after a problem. Build simple habits: substantiate objective claims before publishing, follow disclosure rules for endorsements and testimonials, confirm you have rights to the content you use, and be especially careful in regulated areas or with sensitive claims. For significant campaigns or novel claims, a quick legal review before launch can prevent costly problems. Because advertising rules and privacy-adjacent requirements evolve, periodic review is wise. Marketing that’s honest, substantiated, properly disclosed, and IP-clean drives growth while keeping the business well clear of avoidable liability.

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