Are there any restrictions on the use of “shock” tactics in advertising?

In Texas, regulations restrict the use of “shock” tactics in advertising. The Texas Deceptive Trade Practices Act sets out provisions which make it illegal to use deceptive practices as part of advertising or marketing. This includes tactics which are likely to shock, surprise, or confuse consumers. Examples of shock tactics can include using fear, explicit or offensive content, or written and visual elements that are hard to make sense of. In addition, Texas has a Consumer Protection Against Computer Spyware Act which explicitly outlaws the use of shock tactics in advertising. Advertisers must also abide by the terms of the Texas Ethics Commission, which states that ads should not contain any misleading or false statements that could lead consumers to make a decision that isn’t in their best interests. Furthermore, it is illegal to use emotion to manipulate people into buying a product. This means that advertisers cannot rely on shock tactics to coerce people into making a purchase. In short, businesses must carefully consider the content and messaging of their ads before they are submitted for approval and released to the public, as regulators in Texas take strong stances against the use of shock tactics in advertising. While it may be tempting to use shock tactics to try to sell a product, ultimately it is illegal and could result in serious consequences for the business.

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Are there any restrictions on the use of “shock” tactics in advertising?

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