What laws govern product labeling and advertising claims?

In Delaware, product labeling and advertising claims are governed by both state and federal laws. At the state level, the Delaware Department of Justice has the authority to enforce the Delaware Consumer Fraud Act. This act prohibits deceptive or wrong advertising practices, including false or misleading product labeling and advertising claims. Businesses must also comply with the Delaware Food, Drug, and Cosmetic Act, which sets out requirements for labeling and advertising of food, drugs, and cosmetics. At the federal level, product labeling and advertising claims are regulated by the Federal Trade Commission (FTC). The FTC is responsible for enforcing Section 5 of the FTC Act, which prohibits unfair or deceptive marketing communications. The FTC has specific rules regarding what must be disclosed in an advertisement and how it should be disclosed. For example, when making a health or safety claim in an advertisement about a product, businesses must have evidence to support the claim. To ensure businesses are in compliance with advertising and labeling laws, Delaware has implemented specific regulations governing the content of product labels and advertising. Businesses must also adhere to codes of fair advertising practices that are administered by the National Advertising Division (NAD). The NAD reviews and enforces claims made in advertisements by working with business owners to modify or remove any misleading content.

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What laws govern product labeling and advertising claims?

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