Are there any restrictions on the use of third party ratings or reviews in advertising?
Yes, there are restrictions on the use of third party ratings or reviews in advertising in California. According to California Business and Professions Code Section 17550.7, advertisements must clearly indicate when a third party rating or review is being used. If the rating or review is being paid for, a disclosure must be included that specifies who paid for it. All third party ratings must be a fair and accurate representation of the actual rating or review. If an advertisement includes a rating that is not based on an independent third party rating or review, this must also be disclosed. California also has rules related to the use of “recommendations” or “testimonials” in advertising. The law states that any statement in an advertisement must be true and based on “adequate and reliable evidence”. This means that if a product or service is being advertised based on recommendations or testimonials, the advertiser must be able to back up these claims with reliable data. In addition, the law states that all advertisers must ensure that any statement in an advertisement that is likely to be interpreted as a statement of fact is not false or misleading. This means that advertisers must be careful when relying on third party ratings or reviews in their advertising.
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