What are the rules for comparative advertising?

Comparative advertising is a form of marketing in which a business, or multiple businesses, make claims of superiority compared to competitors. Comparative advertising is allowed by most countries, including Delaware, but certain rules must be followed. In Delaware, the rules regarding comparative advertising are outlined in Section 2511 of the Delaware Code. This section states that no false or deceptive statement or comparison shall be used in the marketing. This includes false claims about a product’s performance, features, benefits, quality, or safety. Furthermore, the comparison may not be misleading or disparaging against any other business or product. Any comparisons made must be done objectively and in good faith, and only statements that can be verified or proven should be used. Comparative advertising should also be clearly labeled as such and should include the source of the information being compared. For example, if comparing prices, the source of the prices should be listed. In addition, when using images in comparative advertising, all images should be proportional to illustrate the comparison correctly and accurately. For example, when comparing speeds, a graph should be used to show the proportional difference in speeds. Finally, all comparative advertising should have full disclosure of any and all material facts that could affect how a consumer might perceive the advertisement. This includes any potential conflicts of interest that could influence the comparison being made.

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What are the rules for comparative advertising?

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