Are there any rules governing comparative advertising?
Comparative advertising is a type of advertising in which a company makes direct claims about their own product or service versus those of a competitor. In Pennsylvania, there are rules governing comparative advertising. Specifically, under the states’ Unfair Trade Practices and Consumer Protection Law, it is illegal for a business to make false, misleading, or deceptive claims about their product or service, or their competitor’s product or service. Companies should also be aware of the Federal Trade Commission’s (FTC) rules related to comparative advertising when making claims about their product or service. These rules prohibit businesses from making unsubstantiated claims about their product or service, or the product or service of their competitor. Additionally, the FTC requires any comparative claims to be accurate, backed up with real evidence, and not be presented in a way that could mislead consumers. In summary, advertising law in Pennsylvania, in addition to federal regulations from the FTC, prohibits false, deceptive, or misleading comparative advertising. Companies should always make sure any claims are backed up with evidence and do not have the potential to mislead the consumers.
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