Advertisements promising results like “save up to 50%” or “lose up to 10% of your body fat” are common, but what do “up to” claims technically mean? And how are they evaluated under FTC claim substantiation standards?
What Are “Up To” Claims?
“Up to” claims, such as “save up to,” “lasts up to,” or “reduces up to,” are common in advertising. Like all advertising statements, they fall under the FTC’s Claims Substantiation Principles, which require that companies be able to prove the accuracy of their claims before disseminating them.
In other words, if a company advertises that consumers can “save up to 50%,” it must have a reasonable basis for that statement: substantiation strong enough to show that consumers are likely to achieve those results under normal use conditions.
What Does the FTC Say About “Up To” Claims and Advertising Substantiation?
The FTC defines a “reasonable basis” by weighing several factors, including:
- The nature of the product and the claim being made
- The cost of developing substantiation
- The benefits of a truthful claim
- The potential harm caused by a false claim
- The standards of reasonableness recognized by experts in the field.
The FTC’s position on “up to” claims is informed in part by a 2012 study it commissioned to examine how consumers interpret such claims. The study was conducted in connection with an FTC matter involving five window replacement companies that had advertised energy savings of “up to 47%.”
According to the FTC, the study found that many consumers interpret “up to” claims as guarantees, expecting they personally will achieve the maximum stated results. Based on these findings, the FTC established a new standard:
“Marketers who advertise these claims should be able to substantiate that consumers are likely to achieve the maximum results promised under normal circumstances.” This standard has become a key benchmark for evaluating “up to” claims in advertising.
Why Claim Substantiation Matters to Advertisers
The FTC’s “up to” study serves as both guidance and a warning to advertisers. The Commission made clear that companies using such claims can expect scrutiny if they cannot demonstrate a reasonable basis for the results they promote.
Advertisers should ensure that “up to” claims are supported by reliable evidence, which may include:
- Laboratory or performance testing
- Statistical or consumer data; or
- Advertising claim substantiation surveys measuring consumer interpretation of the claim.
Advertising claim substantiation not only helps advertisers maintain compliance with FTC standards but also strengthens credibility and consumer trust.
Advertisers must recognize that "up to" claims require them to show that the promised maximum result is attainable by most consumers. Substantiating these claims with credible, data-backed evidence, including survey research, can prevent costly regulatory challenges and protect brand integrity.
Contact IMS Legal Strategies for reliable consumer research and claim substantiation surveys.
