What are the rules on disparagement and comparative advertising?
In Pennsylvania, the rules on disparagement and comparative advertising are governed by the Deceptive Trade Practices and Consumer Protection Law. Disparagement occurs when someone says something negative about another person or business, usually with an intent to harm. Comparative advertising is when one company directly compares its product or services to another. Any disparagement or comparative advertising must be truthful and must not contain false claims or misrepresentations. Additionally, the advertisement must not contain any language that is likely to deceive consumers or injure the reputation of another business or individual. It is also illegal to make a false or misleading advertisement about a product that is presented to the public in exchange for money, goods, services or anything of value. This includes comparative advertising that is false or misleading. The Pennsylvania Deceptive Trade Practices and Consumer Protection Law outlines strict guidelines for advertising that are designed to protect consumers from being misled. Businesses engaging in advertising must ensure they adhere to these guidelines to avoid legal action.
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