What legislation governs the advertising of products and services?

In Delaware, federal and state legislation govern the advertising of products and services. The Federal Trade Commission (FTC) Act is a major piece of federal legislation that regulates false and deceptive advertising. All states have laws prohibiting false and misleading advertising, and Delaware is no exception. In Delaware, the Unfair Trade Practices Act (UTPA) is the primary state law that regulates deceptive and unfair advertising. The UTPA applies to any ad that uses false or misleading representations, such as false claims about the product or service, omissions of important information, or deceptive statements. Businesses must also comply with consumer protection laws, such as the Delaware Consumer Fraud Act (CFA), which outlaws deceptive or misleading advertising practices. The CFA prohibits businesses from misrepresenting the nature of a product or service, using bait and switch tactics, or making false or misleading statements. Any advertisement that contains false claims or otherwise violates the UTPA or CFA can result in civil penalties, including fines and restitution to consumers. Finally, businesses in Delaware must comply with the state’s Advertising and Trade Regulation Law (ATRL). The ATRL sets out general rules that must be followed when advertising, including the requirement that any offers made in an advertisement must be clearly stated and reasonable. Violations of the ATRL can result in fines and civil penalties. Overall, Delaware has a number of laws and regulations governing the advertising of products and services, designed to protect consumers from false or misleading claims. Businesses should ensure that they are in full compliance with all applicable state and federal requirements in order to avoid potential penalties.

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What legislation governs the advertising of products and services?

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