Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 15 Here are a few simple questions that can be used to determine whether a disclaimer is appropriate: • Would a simple change to the ad copy obviate the need for a disclaimer? Would the ad copy be false or misleading without the disclaimer? • Does the disclaimer “contradict” or go against the plain meaning of the ad copy? If so, it may not be effective. • Does the disclaimer provide additional useful information or clarify ambiguities in the ad copy? If so, it is likely a good use of a disclaimer. • Does the disclaimer blend into the background of the advertisement, or does it appear with distracting activity or images? If the latter is true, then you may want to rethink whether to use a disclaimer at all.