Product Claims: What You Can and Can't Say in Your Store

Every product page, ad, and email you write makes claims — some obvious, some subtle. Understanding the line between allowable claims and prohibited ones is the difference between a defensible business and a lawsuit waiting to happen.

Why This Matters

The FTC (Federal Trade Commission) enforces truth-in-advertising laws. They don't just go after big brands — small e-commerce sellers get enforcement actions too. Penalties include fines, forced refunds, and injunctions that shut down your marketing.

State attorneys general and the platforms themselves (Amazon, Shopify, Meta) also enforce claims policies. A single flagged claim can get your ads suspended or your store restricted.

The Framework: IS vs. DOES

**Safe ground — what the product IS:**

• Material facts: "Made from stainless steel" (if it is)
• Specifications: "Weighs 2.3 lbs" (if you've measured it)
• Components: "Includes 3 replacement filters"
• Design features: "5-size run with adjustable closure"

**Dangerous ground — what the product DOES to you:**

• Health outcomes: "Prevents infections," "reduces pain," "improves sleep quality"
• Performance guarantees: "Guaranteed to last 10 years"
• Comparative superiority: "Best quality on the market," "#1 rated"
• Scientific-sounding claims: "Clinically proven," "doctor recommended"

Category-Specific Examples

### Pet Products

• ALLOWED: "Machine washable, reusable" (product attribute)
• PROHIBITED: "Prevents UTIs" (health outcome claim — even if reviewers attribute this benefit)
• REQUIRES SUBSTANTIATION: "Leakproof" (performance claim — needs testing data)

### Kitchen Electronics

• ALLOWED: "USB-C rechargeable, 1200mAh battery" (spec)
• PROHIBITED: "Saves you money" (unsubstantiated economic claim without comparison methodology)
• REQUIRES SUBSTANTIATION: "3x faster than manual grinding" (comparative claim — needs test data)

### Wellness Products

• ALLOWED: "Weighted design applies gentle pressure" (product attribute)
• PROHIBITED: "Relieves anxiety," "treats insomnia," "therapeutic" (health outcome claims)
• REQUIRES SUBSTANTIATION: "Blocks 99% of light" (measurable claim — needs lab testing)

### Beauty/Personal Care

• ALLOWED: "Reduces the feel of chlorine buildup on hair" (cosmetic benefit with hedging)
• PROHIBITED: "Purifies water," "medical-grade filtration" (health/safety claim)
• REQUIRES SUBSTANTIATION: "Removes 95% of chlorine" (quantified performance claim — needs filter testing)

The Three Categories

**1. Allowed claims** — Factual product attributes that can be verified. You can state these freely.

**2. Prohibited claims** — Health outcomes, unsubstantiated superlatives, fake certifications, fabricated reviews. Don't make these.

**3. Requires substantiation** — Performance claims, comparative claims, quantified benefits. You CAN make these, but only with evidence (test results, certifications, published studies) that you have in hand.

Practical Rules

1. Describe the product, not the outcome 2. If you use a number, be able to prove it 3. Never use "clinically," "medically," "scientifically" without published evidence 4. "Customers say" or "reviews mention" is not substantiation — it's hearsay 5. When in doubt, err on the side of less dramatic claims 6. Keep a claims file: for every claim on your product page, document the evidence that supports it

The Claims File

For every product you sell, maintain a document that lists:

• Every claim on your product page, ads, and emails
• The evidence supporting each claim
• The label: FACTUAL ATTRIBUTE / SUBSTANTIATED / REQUIRES REVIEW

This isn't paranoia — it's how legitimate brands operate. When (not if) a competitor reports your listing or a customer files a complaint, you have your evidence organized.