Lanham have it: Law and comparative ads

Retsky, Maxine Lans
November 1999
Marketing News;11/08/99, Vol. 33 Issue 23, p16
Trade Publication
The article provides information about the Lanham Act, a federal law prohibiting false advertising claims in the United States. Comparative advertising is permitted in the United States, but the advertisements (ad) must compare similar products; one can't compare substantially different products. Under the Lanham Act, one is required to prove five elements to win a false advertising lawsuit containing a comparative claim. One is supposed to prove that false statements have been made about the advertiser's product or one's product and the ads actually deceived or had the tendency to deceive a substantial segment of the audience.


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