October 15, 2012 - 12:00 PM - 1:00 PM ET

"What is the FTC 'Up To' With Maximum Performance Claims?" for the ABA Section of Antitrust Law

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Are you making claims of maximum performance or "up to" claims? Think the longstanding NAD rule that at least 10% of consumers must experience the maximum results is sufficient to substantiate the claims? Think again. The FTC recently settled with a group of windows manufacturers promising energy efficiency savings of, for example, up to 47% with a consent order requiring future such claims must be substantiated with a showing that "all or almost all consumers will experience the maximum represented savings or reduction." And the agency conducted consumer research showing many consumers take away that they will achieve the maximum benefits. How did the FTC reach this result? What do these cases mean for future FTC enforcement? How do they square with the Testimonial Guides allowing for disclosure of average or typical results? For NAD cases? State laws relating to sales pricing? Join us for a lively and timely discussion.

Amy Mudge, Venable LLP

Jennifer Fried, National Advertising Division
Serena Viswanathan, FTC Bureau of Consumer Protection, Division of Advertising Practices
Sarah Waldrop, FTC Bureau of Consumer Protection, Division of Enforcement

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