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

In North Carolina, advertising law does impose some restrictions on the use of “scare” tactics in advertising, meaning that the advertiser should not make false or misleading claims that may create fear or anxiety in the viewer. When an advertisement is attempting to scare the audience into buying a product, service, or idea, it is a violation of the law. The North Carolina Division of Consumer Services is responsible for protecting consumers against unfair or deceptive business practices, including those related to advertising. The North Carolina Unfair and Deceptive Trade Practices Act (UDTPA) was set in place to stop companies from using scare tactics in their advertising. Under this Act, businesses are prohibited from using false, misleading, or deceptive advertising to induce a consumer into buying a product or service. Scare tactics are defined as tactics that use false, misleading, or deceptive claims to create fear or anxiety in the consumer, such as suggesting that the consumer will face negative consequences if they do not purchase the product or service. It is also a violation of the North Carolina UDTPA to make baseless product claims, meaning that any claims made in an advertisement must be supported by scientific evidence. Furthermore, any advertising that creates fear or anxiety without a valid reason, such as scam artists calling homes to tell people they have won a prize, is also prohibited. If a consumer believes that they have been the victim of a scare tactic, deceptive advertising, or any other type of unfair or deceptive business practice under the North Carolina UDTPA, they have the right to file a complaint with the North Carolina Division of Consumer Services.

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

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