What are the rules on disparagement and comparative advertising?

In Kansas, there are both state and federal rules around the use of disparagement and comparative advertising. Disparagement is a form of advertising that is meant to negatively impact the reputation of a person, product, or organization. Comparative advertising is when a business uses another business’s name, product, or slogan in their own advertisement. Both disparagement and comparative advertising can be a form of false or misleading advertising, which is regulated under the federal Lanham Act and Kansas’s Consumer Protection Act. The federal Lanham Act prohibits false or misleading statements that are used for commercial purposes and that harm the interests of another individual or business. Under Kansas’s Consumer Protection Act, businesses must not use false or deceptive advertising when making statements about another business or product. Generally this means that a business cannot use a competitor’s name, product, or slogan in its advertising without permission from the competitor. In addition, businesses cannot make disparaging remarks about competing products or services in their advertising. When advertising, it is important to abide by both federal and state regulations so as to not violate any laws. Advertising should also be done with respect to competing businesses in order to maintain respectful business practices throughout the industry.

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