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 Delaware. In general, advertisers must ensure that any third-party ratings or reviews they use in their advertising are accurate, truthful, and not misleading. This means that advertisers must be able to substantiate any claims made in their advertising, including claims related to third-party ratings or reviews. The Delaware Advertising Law also requires that advertisers must not misrepresent the extent of certification or accreditation a third-party has provided or imply a higher level of certification or accreditation than what is warranted. For instance, an advertiser cannot state that a product has been ‘certified’ or ‘accredited’ by a third-party if that certification or accreditation is not true or misleading. Additionally, an advertiser cannot make claims about third-party ratings or reviews that are not based on current ratings or reviews. Finally, advertisers must also make a reasonable effort to disclose any bias or conflicts of interest that may impact the third-party ratings or reviews they use in their advertising. This includes disclosing any financial or personal relationships between the advertiser and the third-party providing the ratings or reviews. Failing to make such disclosures could lead to a misleading or deceptive advertisement, which is prohibited by the Delaware Advertising Law.
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