Are there any laws governing the use of endorsements and testimonials in advertising?
Yes, there are laws governing the use of endorsements and testimonials in advertising in California. According to the California Business & Professions Code § 17500, all endorsements and testimonials used in advertising must be genuine, honest, and not misleading. Furthermore, the advertiser must be able to substantiate any claims that are made in an endorsement or testimonial. In addition, it must be made clear that the endorser or testimonialist has been paid or has received something of value in exchange for the endorsement or testimonial. California also has specific requirements regarding endorsements by celebrities. Pursuant to the California Business & Professions Code § 17540, an endorser must have actually used the product or service that is being advertised and must believe in the truthfulness of all claims that are made in the advertisement. Furthermore, if the celebrity does not use the product in question, then the advertisement must clearly state that fact. Additionally, disclosures must be made when a certain result cannot be deemed typical or when the product or service is being offered at a discounted price. In these cases, the advertisers must clearly explain the results that can be expected as a result of the product or service in question. Overall, these laws are intended to protect consumers from being misled by advertising campaigns that make unsubstantiated or exaggerated claims. As such, it is important for all advertisers to adhere to the laws governing the use of endorsements and testimonials in advertising in California in order to ensure that they are acting in accordance with the law.
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