What are the rules for comparative advertising?

Comparative advertising is a type of advertising that compares one product or service to another, either directly or indirectly, to show why the advertised product or service is better or more advantageous than the competition. In North Carolina, businesses and organizations who want to use comparative advertising must follow certain guidelines to ensure their ads are not deceptive or misleading. First, businesses must make sure the advertised product is genuinely superior to the competition in some measurable way. Comparisons must be based on facts that can be verified in some way, such as through third-party testing or research. Second, all claims made in comparative ads must be accurate and not be taken out of context. If the accuracy of a claim is challenged, the advertiser must have ready access to evidence that validates the claim. Third, any comparison that is made to a competitor’s product must also be made available for reference by the competitor. Finally, businesses must be careful to avoid making disparaging or defamatory claims against competitors in comparative ads. False claims, exaggerated claims or unfair comparisons can lead to legal action against the advertiser. By following these guidelines when creating comparative ads, businesses can ensure they are not breaking any advertising laws in North Carolina or engaging in deceptive or misleading practices.

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