What are the rules on disparagement and comparative advertising?

In Florida, there are certain rules regarding disparagement and comparative advertising. Disparagement involves any form of advertising which negatively portrays another organization or product. Comparative advertising is when an organization advertises its own product, service, or brand in a way that compares it to another. The laws in Florida related to these types of advertising are outlined in Chapter 540 of the Florida Statutes. According to the statute, an advertisement will be deemed disparaging if it contains "false, libelous, malicious, or derogatory statements about the manufacture, production, sale, or service of any competing product, without significant or substantial factual foundation." For comparative advertising, only advertisements which are supported by "reasonable and relevant evidence" may be displayed. Further, the advertisement cannot suggest that the speaker has access to privileged information that would lead to a false conclusion, or exaggerate the qualities of the competing product. Organizations must be aware of these advertising rules in order to avoid sanctions. Failure to comply can lead to hefty fines, sanctions, or a cease and desist order. In addition, any organization which is found to have knowingly violated the law may face criminal liability.

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What are the rules on disparagement and comparative advertising?

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