---
title: "Review marketing copy for a deceptive claim"
url: "https://ailawframework.com/practice/competition-and-consumer-law/review-marketing-copy-for-misleading-claim-risk-under-the-acl/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A29-B7-1-US"
practice_area: "Competition & Consumer Law (ACCC / ACL)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Review marketing copy for a deceptive claim

> Table each factual claim in the copy and the substantiation on the file. Do not rewrite the copy.

Canonical page: https://ailawframework.com/practice/competition-and-consumer-law/review-marketing-copy-for-misleading-claim-risk-under-the-acl/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Competition & Consumer Law (ACCC / ACL)](https://ailawframework.com/practice/competition-and-consumer-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Table each factual claim in the copy and the substantiation on the file. Do not rewrite the copy. |
| What the lawyer must review | Section 5 of the FTC Act makes unfair or deceptive acts or practices unlawful, with the carve-outs in § 45(a)(2) for banks, savings and loan institutions described in section 57a(f)(3), Federal credit unions, common carriers and air carriers, among others. The Green Guides state the deception test the Commission uses for environmental claims: a claim is deceptive if it is likely to mislead consumers acting reasonably and is material, and it needs a reasonable basis before it is made. That guides section cites the Commission's deception and substantiation statements. Lanham Act § 43(a) reaches a false or misleading description of fact in commercial advertising that misrepresents nature, characteristics, qualities or geographic origin. You decide whether this copy is deceptive. The table is not a new advertisement. |
| Written for | United States |
| Applies to | [Review marketing copy for misleading-claim risk under the ACL](https://ailawframework.com/practice/competition-and-consumer-law/review-marketing-copy-for-misleading-claim-risk-under-the-acl.md) |

## Checking plan

- What the AI does: Table each factual claim in the copy and the substantiation on the file. Do not rewrite the copy.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not clear copy because a file contains some study. You read whether it supports the claim.
- A bank or carrier may sit outside the Commission's section 5. Read the carve-out.

## Sources

- [15 U.S.C. § 45, FTC Act section 5](https://www.law.cornell.edu/uscode/text/15/45) (checked 2026-10-22)
- [15 U.S.C. § 1125, Lanham Act false advertising](https://www.law.cornell.edu/uscode/text/15/1125) (checked 2026-10-22)
- [16 C.F.R. Part 260, Guides for the use of environmental marketing claims](https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-260) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*