Are there any restrictions on the use of celebrities in advertising?
Yes, there are restrictions on the use of celebrities in advertising in Virginia. Generally speaking, there is a need for the advertiser to obtain permission from the celebrity before using their image, voice or name in an advertisement. The celebrity may also be entitled to payment for the use of their image or voice. Additionally, Virginia statutes prohibit the use of individuals under 18 to promote goods or services that are harmful to minors. For example, the use of minors to advertise cigarettes, beer or other alcoholic beverages is prohibited. The use of deceptive advertising techniques involving celebrities is also prohibited. This includes misrepresenting the celebrity’s endorsement of the product or service, or any other statement or implication which is likely to mislead consumers. Additionally, advertisements featuring celebrities must clearly identify that the advertisement is an advertisement--not an endorsement--and must make it clear that the celebrity does not actually use the product. Finally, advertisers must ensure that celebrities are not featured in advertisements in a way which is offensive or in breach of any applicable laws.
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