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Comparative advertising is becoming more and more popular—especially in this economic climate. Lawsuits against companies that are the subject of comparative ads also are becoming more popular. And, both propositions are not surprising—comparative advertising works.
Comparative advertising is risky business. The Federal Trade Commission (FTC) regulates advertising in the United States. Though the FTC encourages the use of comparative advertising, it mandates the campaign be truthful, fair and not deceptive. The statement does not have to be literally false to be actionable. Representations made by implication or innuendo also can constitute false and misleading advertising.
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- Lisa A. Lori
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