What are the rules for comparative advertising?
Comparative advertising is a form of advertising that compares one product or service against a competing product or service. In Florida, the rules for comparative advertising are governed by the state’s Florida Deceptive and Unfair Trade Practices Act. In general, comparative advertising is allowed in Florida as long as it is not false, deceptive, or misleading. The claims must be accurate and must be based on facts that are easily verifiable. In addition, the ads must express the basis for comparison objectively, without using misleading or confusing language. Comparative advertising must also be fair, meaning that it does not take unfair advantage of the reputation of another product, service, or brand. Comparisons must be based on comparable features or services. Finally, comparative advertising in Florida must be in good faith and must not diminish the reputation of the competing product or service. This means that advertisements cannot use disparaging, negative or false claims to make a product or service look better than the competitor. Overall, comparative advertising in Florida is generally legal as long as it is not false, deceptive, misleading, or unfair and does not diminish the other product or services reputation. Advertisers looking to use comparison ads should take care to ensure that all of these conditions are met.
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