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 Kansas. In 1989, the Kansas Supreme Court defined “scare” tactics as “exaggerated, sensationalized or fear-provoking advertising statements that tend to mislead, deceive or cause fear in the mind of the reader or viewer.” According to the Kansas Supreme Court, advertisers must not use “scare” tactics in any advertising claims and should ensure that their advertising is truthful and not misleading. To be sure that an ad is not misleading, an advertiser must verify the accuracy of the claims made in their ads. If an advertiser uses exaggerated or sensationalized statements, they must also disclose the true nature of the product or service being advertised. For example, if an ad exaggerates the effects of a product, the advertiser must clearly state how effective the product actually is. Additionally, an advertiser must not create a false sense of urgency or fear that encourages a consumer to purchase a product without adequate evaluation of its features and benefits. Overall, the use of “scare” tactics in advertising is prohibited in Kansas. Advertisers must not use deceptive advertising statements or employ methods that promote false or misleading claims. Advertising should be truthful and marketers must make sure that the claims they make can be substantiated. If they do not, they risk violating Kansas advertising law.

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