What does the second category of misleading advertising prohibit?

• A. Performance claims that are not based on adequate and proper tests conducted before the claims are made
• B. Performance claims must be based on any tests, even informal
• C. Performance claims are exempt from testing
• D. Performance claims must be verbal only

Answer: (A)

Performance claims must be supported by proper, adequate testing that is conducted before the claim is made. If a claim is supported only by informal or inadequate testing, it can mislead consumers. The standard requires objective, verifiable evidence gathered through appropriate methods, not just any test or anecdotal evidence.

So, the rule prohibits making performance claims without adequate and proper testing. It’s not about having any test at all, nor about exempting testing, nor restricting claims to verbal only.