Are there any restrictions on the use of “shock” tactics in advertising?
Yes, there are specific restrictions on the use of “shock” tactics in advertising in the state of California. According to the California Business and Professions Code, Section 17529.5, no advertisement should contain or convey information which is false, deceptive or misleading in any way. This includes the use of shock tactics for the purpose of attracting attention to a product or service. Additionally, Section 17526.1 prohibits false representations or deceptive marketing of any kind. It should also be noted that Section 17560.1 of the California Business and Professions Code states that advertisements should not contain any material which is libelous, scandalous, or defamatory. Furthermore, Section 17529.1 states that advertisements should not contain any inappropriate language or imagery which could be considered offensive to a reasonable person. Overall, these laws demonstrate that California strictly regulates the use of shock tactics in advertising, in order to protect consumers from false, deceptive or offensive advertisements. As such, businesses must remain mindful of the restrictions when developing any advertisements for products or services.
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