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

In North Dakota, there are restrictions on the use of “scare” tactics in advertising. The North Dakota Consumer Fraud Act prohibits the use of tactics that are likely to deceive or mislead consumers. Advertisers must not use false or misleading claims, false or deceptive advertising, or unfair practices in the sale or promotion of goods, services, or real estate. For example, advertisers may not leverage fear by claiming that a product or service is necessary to prevent a serious physical harm or illness. Additionally, advertisers may not use exaggerations or make false or misleading claims about the quality, features, or benefits of their products or services. If advertisers use a fear tactic which is likely to deceive consumers, legal action can be taken against them by the North Dakota Attorney General’s Office and/or by consumers. Advertisers must also ensure that they are not using tactics that are unfairly manipulating vulnerable populations, such as those experiencing financial hardship or physical disabilities. To protect vulnerable populations, North Dakota has implemented laws that restrict the use of scare tactics to those that are not unfair or deceptive. In North Dakota, scare tactics are generally prohibited in advertising. Advertisers must use truthful and honest claims when promoting products and services, and must not target vulnerable populations with unfair tactics. If advertisers are found to be using scare tactics in violation of the state’s laws, they may face legal action.

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

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