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

Yes, there are restrictions on the use of “scare” tactics in advertising in California. These restrictions are governed by the California False Advertising Law (FAL), which provides rules and regulations for the protection of consumers from deceptive advertising practices. Under the FAL, it is illegal for a person or entity to use any false or deceptive statement in advertising in a way that is likely to mislead, deceive, or defraud consumers, as well as to unfairly influence them in making purchasing decisions. The FAL specifically prohibits the use of “scare” tactics in advertising, which are defined as statements, ideas, or visuals that suggest a potential danger or hazard to the public, in order to promote a product or service. Examples of “scare” tactics include exaggerating the potential harms of a product or service, or making unsubstantiated claims about the effectiveness of a product or service. Any advertisement that contains “scare” tactics must be accurate, verifiable, and substantiated, and be presented in a way that is clear, conspicuous, and not deceptive. Additionally, any false and deceptive statements must be clearly and conspicuously identified as “advertising” in order to ensure that consumers are aware they are being advertised to. Otherwise, they may be in violation of the FAL.

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

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