What laws govern product labeling and advertising claims?

In Texas, product labeling and advertising claims are regulated under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and the Texas Food, Drug, and Cosmetic Act (FDCA). The DTPA is designed to protect consumers from false, misleading, and deceptive advertising, while the FDCA is intended to protect the public from adulterated and misbranded food, drugs, and cosmetics. Under the DTPA, it is illegal for businesses to knowingly make false or misleading statements or claims in their advertising. This includes misrepresenting the quality or benefits of a product or service. Advertising must contain truthful and accurate information. If a business has a right to market a product, they are also responsible for ensuring that claims about the product are backed up by reliable evidence. The FDCA prohibits false or misleading labeling or advertising regarding food, drugs, and cosmetics products. Labels must list all necessary information including ingredients, nutritional value, directions for use, and warnings. When a manufacturer advertises a drug, they must adhere to federal labeling requirements. It is important for businesses to be familiar with the Texas laws governing product labeling and advertising claims, as failure to comply could result in court action, fines, and other penalties. Companies should aim to create an honest advertising environment and be mindful of their responsibilities under the DTPA and FDCA.

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