What laws govern product labeling and advertising claims?
Product labeling and advertising claims in California must adhere to certain laws that ensure consumers can make informed decisions. Those laws include the Unfair Competition Law (UCL), which prohibits false and misleading advertising practice, and the California Consumer Legal Remedies Act (CLRA), which outlaws deceptive advertising. The UCL requires that product labels and advertising be truthful and non-misleading. The CLRA also prohibits deceptive practices such as falsely claiming that a product has medicinal or therapeutic benefits and failing to disclose potential risks. Both of these laws are enforced by the California Attorney General and local district attorneys. The California Business & Professional Code also governs product labeling and advertising claims. It requires that labels accurately describe the contents, quantity, and other features of the product. The California Food, Drug, and Cosmetic Act (FDCA) also regulates labeling, requiring that all food, drug, and other products make accurate statements regarding their ingredients, potential hazards, and other information. In addition to state regulation, the Federal Trade Commission (FTC) regulates product labeling and advertising. The FTC requires that all claims made in advertising be substantiated with evidence. This includes claims that a product can treat a certain health condition, or that its ingredients are beneficial. The FTC also requires any advertising that might be considered deceptive to include clear and conspicuous warnings or qualifications.
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