Jackson Jambalaya

 It’s hard to read or watch anything online without running into false and misleading advertising. My favorites are ads that promise a common food or simple household product can reverse aging, end Alzheimer’s, and cure dementia. None attain FDA approval, of course, and often claim powerful interests want their ingredients kept secret. Somehow us older folks get exposed to lots of these ads. 

Believe it or not (with apologies to Ripley’s), Truth in Advertising remains a federal law applicable to ads wherever they appear. Section 5 of the Federal Trade Commission Act prohibits “unfair or deceptive acts or practices.” Advertisers are supposed to make sure their claims are truthful, not misleading, and can be substantiated. Enforcement is a duty of the Federal Trade Commission. 

So, why do so many false and misleading ads still appear?

First, advertising scams pay off – for both the advertisers and the platforms running the ads. 

Second, in today’s digital world, bad actor advertisers use bots and AI to constantly and cheaply create and place new ads, switch among internet domains, and change identities to avoid detection. 

Third, advertising platforms use automated systems that do not pre-screen most ads. So, thousands of ads get processed in seconds and run without human scrutiny. The FTC can shut one down, but the same ad pops up soon under a new identity.

Fourth, FTC enforcement actions are designed to be after-the-fact and they only occur when a series of complaints occurs. Even then, the bad actor advertiser must be of sufficient scale to make enforcement worthwhile. Usually, the test is whether significant or widespread harm has occurred. 

Fifth, freedom of speech guidelines blur the line between “false and misleading” and “exaggeration and hyperbole” – the first illegal, the second not. 

Bottom line – FTC enforcement is real, but the digital AI environment has evolved beyond enforcement mechanism capabilities…and don’t forget the money.

Mississippi has truth-in-advertising law modeled after the federal law. Enforcement, such as there is, of this and other consumer protection provisions falls under the Mississippi Attorney General’s Office. Call 1-800-281-4418 to file a complaint.

Bills introduced this year by Rep. Jill Ford (author of the 2024 Montgomery Act protecting children) and Sen. Bart Williams to tighten protections against misleading social media advertising died without consideration. The bills would have imposed a “reasonable care” standard on social media platforms to verify advertiser identities, detect impersonations, employ fraud detection systems, and provide user-friendly ways to report suspected fraud. 

My bet is that profits will keep these ads running rampant, so Caveat Emptor (buyer beware).

“Your adversary the devil is prowling around like a roaring lion, looking for anyone he can devour” – 1 Peter 5:8.

Crawford is an author and syndicated columnist from North Jackson.