Free Comparative Advertising Compliance Checklist

Adherence to Federal Trade Commission (FTC) Guidelines

• Ensure that all comparative claims are substantiated, truthful, and not misleading.

• Confirm that comparisons are clear, specific, and relate to relevant aspects of the products or services.

• Verify that the basis for comparison is presented in a way that is easily understandable by the average consumer.

• Documentation of evidence supporting the comparative claims is maintained.

State Regulations Compliance

• Review state-specific advertising laws to ensure adherence.

• Check for any additional disclosures or disclaimers required by state law.

Trademark Usage

• Verify that competitor trademarks are used fairly and legally.

• Ensure that the use of trademarks does not imply endorsement or affiliation.

Copyright and Branding

• Confirm that all images, logos, and other copyrighted material are used legally.

• Secure necessary permissions for using any third-party intellectual property.

Honesty and Fairness

• Ensure that comparisons are fact-based and do not distort the truth.

• Avoid making disparaging or derogatory statements about competitors.

Consumer Perception

• Conduct market research to gauge consumer interpretation of the advertisement.

• Adjust content based on feedback to avoid misleading or confusing consumers.

Online and Social Media Regulations

• Confirm compliance with specific rules for digital platforms ([Your Company Social Media]).

• Ensure proper disclosure of sponsored content or paid partnerships.

Data Privacy and Consent

• Ensure that consumer data used for targeted advertising is collected and processed legally.

• Verify adherence to privacy laws (e.g., GDPR, CCPA) if applicable.

Documentation of Claims and Comparisons

• Maintain a detailed record of all comparative claims and supporting data.

• Regularly update records to reflect current and accurate information.

Audit and Review Process

• Implement a regular schedule for internal audits of advertising content.

• Document the review process and any modifications made to ensure compliance.

Market Position and Claims

• Conduct regular analysis of competitor products/services and market position.

• Benchmark [Your Company Name]'s offerings against key competitors to validate claims.

Competitive Response Strategy

• Develop protocols for responding to competitor challenges or legal disputes.

• Train staff on appropriate communication and response strategies.

Internal Approval Process

• Establish a multi-level approval process for all advertising materials.

• Ensure that all relevant departments (Legal, Marketing, Compliance) review and approve content.

External Legal Consultation

• Engage with external legal counsel for high-risk or ambiguous cases.

• Document legal consultations and integrate advice into advertising strategies.