NMMA - National Marine Manufacturers Association Inc.

10/30/2026 | Press release | Distributed by Public on 10/29/2026 23:29

FTC Price Advertising Enforcement: What Manufacturers Need to Know

In March 2026, the Federal Trade Commission sent warning letters to 97 auto dealer groups stating that advertised prices must be the total price consumers will pay, including all mandatory fees.
On September 15, 2026, FTC staff published Automobile Industry Pricing Transparency: FAQs, which provides staff guidance on applying Section 5 of the FTC Act to price advertising. Although the FAQs address automobile advertising, the underlying Section 5 prohibition against deceptive acts or practices applies more broadly, including to boat dealers and manufacturers.
FTC Staff Guidance States:
  • The advertised price must be the price the consumer will actually pay, excluding only charges that the government requires the consumer to pay, such as taxes.
  • Dealer-required fees, including documentation fees, must be included in the advertised price.
  • Discounts and rebates not available to every buyer, including those tied to dealer financing, may be advertised, but the price available to any consumer must remain the most prominent advertised price.
  • The pricing principles apply wherever prices are communicated to consumers, including websites, third-party listings, social media, print, signage, phone calls and text messages.
  • Vehicles in transit may be advertised if the ad clearly states they are not on the lot and they are actually available for purchase.
What It Means for Manufacturers
The FAQ states that "everyone who has control over the advertising is responsible" for ensuring ads state the actual price as the most prominent amount. It also advises manufacturers to "make sure none of their policies or practices conflict with these requirements."
The FTC staff guidance emphasizes that price transparency is not a new requirement and that the FTC Act's prohibition on deceptive practices has been in effect for decades. Notably, the agency has encouraged the public, including dealers, to report potential violations.
Next Steps for Further Review and Consideration
Manufacturers should work with their appropriate legal counsel for guidance on next steps, if any are needed. To guide those discussions, below is a list of items that manufacturers may wish to consider reviewing:
  • Manufacturer and dealer agreement review and potential coverage of advertising policies, including Minimum Advertised Price and price-display requirements;
  • Co-op advertising programs and templates that include pricing;
  • Build-and-price tools and consumer websites, including how freight and prep are presented;
  • Retail rebates and financing incentives used in advertising;
  • And inventory feeds for in-transit boats, and use of stock photography.
Several states have also enacted all-in pricing laws that apply to most consumer goods. Manufacturers selling directly to consumers should confirm compliance with applicable requirements in those states.
While NMMA does not provide legal or business advice, we work to ensure our members have the latest information to best inform their decision-making. This article is designed to share a public FAQ document and inform the industry about the enforcement of existing legal requirements. Similar information has recently been shared with MRAA members.

For questions, contact Lauren Hyland, Director of Public Policy and Industry Engagement, at [email protected].

NMMA - National Marine Manufacturers Association Inc. published this content on October 30, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on October 30, 2026 at 05:29 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]