Are there any restrictions or regulations on the use of research information or statistics in advertising?
In California, research information and statistics used in advertising must adhere to certain restrictions and regulations. The California Business and Professions Code (B&P Code) for advertising requires that research information and statistics used in advertising must be “true and accurate” and “not misleading”. The B&P Code also requires any research information or statistics used in an advertisement to be “verifiable” and “supported by reliable evidence.” Additionally, if an advertisement contains research information or statistics that has been obtained from a third party, such as a survey, the advertisement must clearly specify the nature of the research or survey, the time period during which the research or survey was conducted, and the source of the research or survey. Furthermore, any advertisement that contains research outcome data must disclose the entirety of the research results. This means advertisers must be sure to include any information or statistics that might be relevant and counter or contradict the research outcome data they are advertising, even if the advertiser disagrees with the results. Finally, advertisers must also be sure to include a disclaimer in their advertisement that states that the research results may not be applicable to all consumers. Following these restrictions and regulations is essential for advertisers to remain compliant with California advertising law.
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