What are the legal requirements for disclosing product information in advertising?

In Delaware, businesses are required to follow certain regulations when advertising their products. All advertising must accurately and clearly display the product’s information, including pricing, costs, warranties, and what is and isn’t included. Additionally, businesses must make sure their claims are backed up with evidence, as false or misleading claims or statements are prohibited. When displaying the product’s cost, businesses must include any taxes, shipping and handling fees, and other associated costs that apply to the offer. In addition, any messages that use terms such as “free,” “gift,” “gratis,” or any other term that implies a cost savings must include clear and appropriate disclaimers. When advertising a product’s warranties, all details, such as the length, coverage, and any added fees or restrictions, must also be included. Comparative advertising, which is where an advertiser compares their product to those of other companies, must be factual and not misleading in any way. To ensure that the consumer is fully informed, any disclaimers or disclosures must be clear and conspicuous. This means they must be noticeable and easily understandable. In digital media, for example, these disclaimers must be of the same size and color font as the promotional message. By adhering to these requirements, businesses ensure that their advertising presents the product’s information in an honest and transparent way. Consumers are then able to make informed purchasing decisions.

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What are the legal requirements for disclosing product information in advertising?

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