What are the rules on disparagement and comparative advertising?

In California, there are rules on disparagement and comparative advertising that marketers must adhere to in order to avoid legal problems. Disparagement is when a company, product, or service is portrayed negatively in an advertisement. Comparative advertising is when a company promotes a product by comparing it to another brand’s product. California law states that disparaging remarks and misrepresentations in an advertisement can be a violation of state law. For example, an ad that implies a competitor’s product is inferior or substandard is illegal. Similarly, a company cannot make false claims about a competitor’s product, even if it is true. California also has laws in place for comparative advertising. Companies that compare their products to competitors’ must ensure the comparison is accurate. False or misleading statements about a competitor’s product are prohibited. Furthermore, the comparison must be relevant to the product and its features. It must also be based on facts and not opinion. In California, it is important for marketers to adhere to these rules on disparagement and comparative advertising in order to avoid legal issues. Companies should ensure their advertisements are factual and relevant, and do not make false or misleading statements about competitors’ products. Failing to comply with state laws can result in legal penalties.

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What are the rules on disparagement and comparative advertising?

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