The Law on Fake Food Advertisements

Regulations on fake or misleading food products in advertising are commonly known as truth-in-advertising laws. These laws are protect the consumer, but loopholes exist that allow advertisers to embellish their products to look good for the cameras.

  1. Considerations

    • The cone may be real, but the ice cream and sprinkles may be stand-ins.
      The cone may be real, but the ice cream and sprinkles may be stand-ins.

      In general, Federal Trade Commission laws require the main product for sale is what's featured in the ad, not a styrofoam mockup or different product altogether. But the other foods featured don't have to be real at all. An ad selling ice cream cones must feature the actual ice cream cone, but the "ice cream" can be made of clay with plastic sprinkles and dyed corn syrup "hot fudge."

    Size and Proportion

    • Portion-controlled products, such as a hamburger, must be the same in advertisements as the actual product for sale. That means a quarter-pound hamburger cannot be depicted as a one-pound patty in the ad. But advertisers can cut and manipulate the burger, bun, lettuce, etc. to look fuller and prettier than what a consumer will generally get, or they can play with camera angles and sets to make portions appear larger than they are.

    Special Effects

    • The law allows real food to be enhanced with special touches. Photographers often spray fruit and vegetables with water so they glisten in the light, and burn incense or cigarettes to simulate steam.

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  • Photo Credit breakfast cereal image by Liz Van Steenburgh from Fotolia.com Sweet marshmallow cone with colored cake sprinkles. image by Brett Mulcahy from Fotolia.com

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