Are there any restrictions on the use of “implied” messages in advertising?

Yes, there are restrictions on the use of “implied” messages in advertising in Delaware. According to the Delaware Consumer Fraud Act, advertisers must have “reasonable grounds” to make any claims or use any messages, either explicit or implied, in advertisements. If a statement or idea is implied, it still must be considered in the context of the rest of the advertisement and any legal claims must be backed up with reasonable evidence. For example, if an ad features a person watching television with the caption “You won’t believe the selection!”, an implied message could be that the product will provide a wide selection of programming. If this implied message is not based on reasonable evidence or can’t be proven, it is considered a false advertising claim. Advertisers must also be careful with the use of endorsements in their ads. If an endorsement is used, the advertiser must make sure that it is not exaggerated or misleading. It must also be clear that the endorser has not been paid for their endorsement. The Delaware Consumer Fraud Act also prohibits deceptive or misleading statements in advertising. It is important for advertisers to carefully review their ads before they are sent out to make sure that the messages being communicated are truthful and not misleading.

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Are there any restrictions on the use of “implied” messages in advertising?

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