The FTC has held that if an automobile is advertised to get 35 miles per gallon in highway driving, that must be the average mileage that ordinary drivers will get in ordinary driving, otherwise it is deceptive advertising.

Question

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The FTC requires that fuel economy claims be based on EPA test results, but it does not require that the advertised mileage be the average that ordinary drivers will achieve. The advertised mileage is typically based on standardized testing conditions.

The FTC Has Held That If an Automobile Is Advertised