The Legal Side of Writing Product Descriptions That Convert
Protect your ecommerce business by ensuring your product descriptions follow all relevant laws, regulations, and copywriting best practices.
Over the past few years, I've written copy and content for several Japanese clients selling various high-end beauty and health products, ranging from organic wild mushroom supplements to highly advanced skin serums. Customers visiting their online stores obviously wanted proof that the products would live up to their promises before paying premium prices. Luckily, these clients were all very conscientious and always had solid research from highly reputable institutions to support their claims.
As an ecommerce copywriter, ensuring that your product descriptions are accurate, truthful, and compliant with legal regulations is equally crucial. This chapter will explore the legal considerations and best practices for writing product descriptions that captivate your audience and protect your business from potential legal issues.
Accurate and Truthful Descriptions
One of the fundamental principles of writing product descriptions is ensuring they are accurate and truthful. Misleading claims about your products can lead to dissatisfied customers, negative reviews, and legal consequences. As an ecommerce business, you must provide customers with transparent and honest information about your products.
When describing your products, be specific. Avoid using vague or exaggerated language that could be misinterpreted. If you make claims about your product's features, benefits, or performance, ensure you have evidence to back them up. Conduct research and testing to verify the accuracy of your statements.
For example, stating that your product is "the best" or "the most advanced" without proper evidence can be misleading. Similarly, using phrases like "guaranteed results" or "risk-free" without providing clear terms and conditions can be deemed deceptive.
It is also important to disclose any potential limitations or drawbacks of your products. Be transparent about sizing, materials, and other customer experience factors. Being upfront and honest builds trust with your audience and reduces the risk of disappointment or legal disputes.
FTC Compliance
The Federal Trade Commission (FTC) has strict guidelines against false advertising and deceptive marketing practices. Violating them can result in legal action, fines, and damage to your brand's reputation. Even if you're not in the US, it's best to assume that other countries will have similar regulations.
To avoid these pitfalls:
Focus on providing factual information about your products.
Use specific and measurable data points when making claims about performance or efficacy.
If you compare your product to competitors, ensure the comparison is fair and based on verifiable information.
The FTC also requires you to disclose any material connections or endorsements related to your products. If you are using testimonials or influencer marketing, clearly indicate any compensation or relationships involved. Transparency also helps build trust with your audience.
Compliance with Industry Regulations
Specific regulations and guidelines for writing product descriptions may exist depending on the nature of your products and the industries you operate in. It is essential to familiarize yourself with these requirements to ensure compliance and avoid legal issues.
For example, if you sell products related to beauty, health, or wellness, you may be subject to regulations from the Food and Drug Administration (FDA). The FDA publishes specific guidelines for labeling and marketing dietary supplements, cosmetics, and medical devices. Failing to comply with these guidelines can result in legal action and penalties.
Similarly, if you sell products that make environmental claims, such as "eco-friendly" or "biodegradable," you must ensure that these claims are substantiated and comply with the FTC's Green Guides. These guides provide specific criteria for making environmental claims and help businesses avoid greenwashing.
Conduct thorough research and consult with legal experts when necessary to stay compliant with industry regulations. Stay up-to-date with any changes or updates to relevant guidelines and adjust your product descriptions accordingly.
Key Takeaways
Accuracy: Your product descriptions must be clear, specific, and truthful. Misleading descriptions can result in dissatisfied customers and legal consequences.
FTC Compliance: Follow the Federal Trade Commission guidelines. Claims about product performance or comparisons with competitors should be backed by evidence. Disclose any endorsements or influencer partnerships to maintain transparency and trust.
Regulatory Compliance: Depending on your product type, you may need to comply with specific industry regulations. For instance, beauty, health, and wellness products must adhere to FDA guidelines, and environmental claims must follow the FTC's Green Guides.