Are there any restrictions on the use of personal testimonials in advertising?

Yes, there are restrictions on the use of personal testimonials in advertising in Delaware. The Delaware Advertising Commission sets out a number of rules that must be observed when using personal testimonies or endorsements in an advertisement. The first and most important rule is that the endorsement or testimonial must be genuine and accurate. It should represent the honest opinion of the person providing it and not be exaggerated or misleading. If an endorsement or testimonial is used to refer to a product or service that the endorser or testifier has not actually used, that must be clearly indicated in the advertisement. It is also important to clearly disclose any relationship between the advertiser and endorser. If the endorser has been paid for providing the endorsement, the advertisement must make that fact clear. Similarly, if the endorser is a family member, business associate, or otherwise specifically connected to the advertiser, that must be disclosed as well. Finally, the Delaware Advertising Commission also requires that the endorser must have an appropriate level of expertise or experience to back up the endorsement. If the endorser is an expert or professional in the field in which the product or service being advertised is applicable, that should be stated. Failure to comply with these rules can lead to civil liability, fines, and penalties for the advertiser.

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