Make my ad

What claims can a small business make in an ad?

In the US and the UK the core rule is the same: you must be able to prove what your ad says, or implies, before it runs. The FTC asks for a reasonable basis, and scientific evidence for health and safety claims; the UK CAP Code asks for documentary evidence first. Fake reviews are banned in both. Obvious puffery is fine; specific numbers need proof.

Updated

United States: the FTC basics

The FTC's guide for small business sets out three rules: ads must be truthful and not deceptive, advertisers must have evidence to back up their claims, and ads cannot be unfair. It looks at the whole ad as a reasonable consumer would, including implied claims: "kills the germs that cause colds" implies "prevents colds", and you need proof for that. Proof must exist before the ad runs. Health and safety claims need competent and reliable scientific evidence, and letters from satisfied customers do not count as proof. Ad agencies can be held responsible too.

Since 21 October 2024, the FTC's rule on consumer reviews and testimonials targets fake or false reviews and testimonials, with civil penalties for knowing violations.

United Kingdom: the CAP Code basics

The ASA enforces the CAP Code. Its misleading advertising section says ads must not materially mislead (rule 3.1), must not leave out material information (3.3), and that marketers must hold documentary evidence for objective claims before publishing (3.7). Obvious exaggeration that no one takes literally is allowed (3.2). Unqualified superlatives are treated as comparisons against every competitor and need evidence unless they are clear puffery. Fake consumer reviews are banned (3.44), incentivised reviews must be flagged (3.45), and you need proof a testimonial is genuine (3.47).

Platform rules sit on top

The platforms add their own layer. TikTok's ad policy (April 2026) bans promising or exaggerating results, absolute claims about time, region or brand, before-and-after result comparisons, and any mismatch between the ad and the landing page on price, discount or promotion. Its own example: an ad saying "up to 50% off" while the site says "up to 30% off" is not allowed.

A sung claim is still a claim

Music makes words feel lighter, not legally lighter. "The softest towel you'll ever own" in a chorus is a superlative claim. "Clears skin in a week" sung sweetly is a health and result claim. Before you approve lyrics, read them as if they were printed in the caption. SingingAds copies every claim from words on your page and flags health, money, result and comparison claims for you to check; see claims from your page.

A five-minute pre-flight check

  1. Underline every factual claim, spoken, sung or on screen.
  2. Next to each, write where the proof is (a test, a spec sheet, a supplier certificate).
  3. Check that prices and offers match the landing page exactly.
  4. Delete any review or quote you cannot trace to a real customer.
  5. Ask: what would a reasonable buyer assume from this that I have not said?

This is general information, not legal advice. For regulated products, ask a lawyer. Related reading: AI label rules and how SingingAds builds a brief.

Illustrative example: auditing a product page before writing lyrics

Product: Saltmarsh Skin Balm (fictional). Lines on its page and what can be sung:

  • "Made with shea butter and beeswax": a fact about ingredients. Fine to sing.
  • "50 ml tin, ships in two days": a checkable fact. Fine, if true at the time of the ad.
  • "Heals eczema": a health claim needing scientific evidence. Leave it out.
  • "Britain's favourite balm": an unqualified superlative. Leave it out or replace it with something you can show.
  • "Loved by 10,000 customers": a number you must be able to prove. Leave it out unless you can.

Sung line that survives: "Shea and beeswax, tin in your bag, Saltmarsh."

The options

  • Objective product facts

    Size, ingredients, materials and delivery times are easy to prove and safe to sing.

    Best for
    Every product ad.
    Price
    No cost

  • Health and safety claims

    The FTC expects competent and reliable scientific evidence; the ASA expects documentary proof first.

    Best for
    Skincare, supplements, fitness, baby products.
    Price
    Varies: testing can be costly

  • Result and performance claims

    TikTok bans exaggerated results and before-and-after comparisons; both regulators want proof.

    Best for
    Cleaning, beauty and gadget ads.
    Price
    Varies

  • Superlatives and ranked-first claims

    The ASA treats unqualified superlatives as comparisons with every rival; TikTok bans absolute brand claims.

    Best for
    Anyone tempted to say "the softest" or "the top".
    Price
    No cost to leave out

  • Comparisons with competitors

    Must compare like with like on verifiable features; never denigrate the rival.

    Best for
    Challenger brands.
    Price
    No cost, but keep the evidence

  • Prices and discounts

    Must match the landing page and not mislead about savings.

    Best for
    Sales, Black Friday and launch offers.
    Price
    No cost

  • Reviews and testimonials

    Fake reviews are banned in the US and UK; you need proof a testimonial is real.

    Best for
    Ads quoting customers.
    Price
    No cost

  • Implied claims

    The FTC judges what a reasonable buyer takes away, not only the literal words.

    Best for
    Clever wordplay in lyrics.
    Price
    No cost

  • Puffery

    Obvious exaggeration no one takes literally is allowed in both countries.

    Best for
    Fun brand tone ("sunshine in a jar").
    Price
    No cost

  • Material omissions

    Leaving out key limits (subscription terms, delivery fees) can mislead as much as a false claim.

    Best for
    Offers with conditions.
    Price
    No cost

What it can't do

  • This is a summary of public guidance, not legal advice.
  • Rules for regulated sectors (medicines, finance, alcohol, children) go further than this page.
  • Covers the US and UK only; other countries have their own rules.

What it costs

From $15 for one ad, or $59 for about 6 thirty-second video ads. Credits never expire. A jingle take costs 4 credits; a typical 30-second video ad about 26. There is no free tier and no free sample.

One-time packs

One ad

$15 once

40 credits, about 1 thirty-second video ad

Five ads

$59 once

180 credits, about 6 thirty-second video ads

Full pricing, credits and refunds

Questions

Can I call my product the greatest or the softest?

Vague puffery like "great taste" is usually fine. Specific superlatives ("the softest", "the top-selling") need evidence in the UK and can break TikTok's absolute-claims rule.

Do customer reviews count as proof for a claim?

Not for objective claims. The FTC says letters from satisfied customers are not enough to support a health or safety claim.

Does the FTC check ads before they run?

No. The FTC says its staff cannot clear ads in advance; it is up to you to have proof before launch.

Can I use an AI-generated customer quote?

Not as if it were real. A made-up testimonial presented as genuine is a fake review under both US and UK rules.

Is my ad agency responsible too?

It can be. The FTC says agencies may be liable for misleading claims and must check the substantiation themselves.

Sources

  1. US Federal Trade Commission, Advertising FAQ's: A Guide for Small Business, read 17 Oct 2026
  2. US Federal Trade Commission, The Consumer Reviews and Testimonials Rule: Questions and Answers, read 17 Oct 2026
  3. Advertising Standards Authority / CAP, CAP Code section 03: Misleading advertising, read 17 Oct 2026
  4. TikTok, Misleading and false content, 2026-04, read 17 Oct 2026

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