What are the rules for comparative advertising?

Comparative advertising is when a company advertises its product or service by comparing it to one or more competing products or services. In California, comparative advertising is governed by the rules in the California Business and Professions Code. In order to be legal, comparative advertising must be truthful and not mislead the consumer. The advertisement must accurately compare the material facts of the competing product or service and must not be confusing to the public. In addition, any comparative claims made must be supported by reliable research. Furthermore, the advertisement should not include false or disparaging claims about the competing product or service. And finally, the advertisement should clearly state the basis for the comparison. Comparative advertising provides the consumer with valuable information, but companies must take caution to ensure that their advertisements comply with the law. If a company fails to comply with the rules and regulations set forth in California’s Business and Professions Code, it could face civil liability and penalties.

Related FAQs

Are there any federal or state laws that regulate advertising?
Are there any restrictions on the use of certain language or terms in advertising?
What legal recourse do consumers have against deceptive advertising?
What are the legal requirements for disclosing product information in advertising?
Are there any rules governing advertising of securities?
What rules regulate advertising for tobacco products?
Are there any restrictions or prohibitions on the use of language or images that are demeaning or disparaging in advertising?
Are there any marketing or advertising restrictions for products targeted towards children?
What is “copyright trolling” and what laws apply to it?
What rules govern advertising of alcoholic beverages?

Related Blog Posts

The Basics of Advertising Law - July 31, 2023
What is Commercial Speech and How Does it Affect Advertising Law? - August 7, 2023
How to Spot Deceptive Advertising Practices - August 14, 2023
A Guide to Legal Advertising for Businesses - August 21, 2023
Understanding False Advertising Laws - August 28, 2023