What are the rules on disparagement and comparative advertising?

In Virginia, rules regarding disparagement and comparative advertising are governed by the Virginia Consumer Protection Act. Disparagement is a type of false advertising that involves a seller or manufacturer making false claims about a competitor’s product or service. Comparative advertising is when one company makes a direct comparison between their product or service and one offered by a competitor. To be considered false advertising, the disparaging or comparative statement must be false, misleading, or likely to mislead a reasonable consumer. It is also important to note that it is not unlawful for a company to run comparative ads that reveal differences in features, quality, or other attributes between source and competitor products. Virginia also has the Virginia Business Dealer Advertising Regulations (VBDAR) which regulate how motor vehicle dealers must advertise. Dealers must include the words "sale price" or "price" when advertising a vehicle for sale, and the advertised price must include taxes and all fees associated with the sale. Finally, Virginia also has a Deceptive Advertising Law which prohibits businesses from making false or misleading statements in any advertising, marketing, or promotional materials. It is illegal to use exaggeration, innuendo, or ambiguity to mislead consumers. Furthermore, businesses must clearly disclose any exclusions or conditions in their advertising. Violators of these regulations can face criminal penalties, administrative fines, and other penalties.

What are the rules on disparagement and comparative advertising?

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