What are the rules for comparative advertising?
In Texas, comparative advertising is regulated by the Texas Deceptive Trade Practices Act to ensure that it is truthful, not fraudulent, and fair. According to the Texas Deceptive Trade Practices Act, comparative advertising claims must not be false, misleading, or deceptive. It must also not disparage products or services of a competitor. The claims must have a reasonable basis and not be exaggerated or unsupported. Comparative advertising must compare products and services on an equal basis. This means that a company must compare products and services using the same type of data, such as features, benefits, prices, or services. The comparison should not be used to manipulate the truth or mislead the consumer. Companies must also ensure that the comparison is easily understood by consumers, and should explain the product’s attributes and the comparison’s relevance to the consumer. In Texas, advertising claims that are illegal include false or unsubstantiated claims, false references, and unfair or misleading comparative claims. Companies must ensure that the advertising claims they make are true and not deceptive or misleading. It is also illegal for a company to make a comparison that disparages the quality or performance of a competitor’s product or service.
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