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Is it Legal to Include Product Comparison Statements on Product Labels?

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Is it Legal to Include Product Comparison Statements on Product Labels?

Question

Our company specializes in women's sanitary napkins (pms). We have been asked by one of our vendors to add a statement indicating that our products are the same qauality as a national brand, (i.e., "Compared to Brand X"). Is this legal to do so knowing that our tests have shown that our products do exceed Brand X in many aspects?

Answer

In the United States, an advertiser must have a reasonable basis for all claims made expressly or by implication. Overall quality comparisons can be risky, because they depend on a variety of attributes, only some of which have been tested. You may wish to limit your quality comparisons to specific attributes for which you have substantiation.

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