FTC Conducts Study to Help Advertisers Avoid the Use of 'Up To' in Spots


July 09, 2012

WASHINGTON, D.C. — For dealers who might use the phrase "up to" in connection with vehicle incentives or performance, the National Automobile Dealers Association pointed managers toward a study just released by the Federal Trade Commission.

The FTC-commissioned study indicated that when marketers — which can include dealers — use the phrase "up to" in claims about their products, many consumers are likely to believe that they will achieve the maximum "up to" results.

NADA officials said the FTC believes the report will help guide advertisers to avoid the use of misleading "up to" claims. They added it reinforces the FTC's view that advertisers using these claims should be able to substantiate that consumers are likely to achieve the maximum results promised under normal circumstances.

The association went on to mention the study is part of the agency's efforts to ensure that environmental marketing is truthful and based on scientific evidence.

The commission vote approving release of the report was 5-0. It is available online here.